Megarry Excavation and Roadworks Pty Limited & Ors Ats Blacktown City Council [2002] NSWLEC 198

Land and Environment Court of New South Wales

CITATION : Megarry Excavation and Roadworks Pty Limited & Ors Ats Blacktown City Council [2002] NSWLEC 198 APPLICANTS:

MEGARRY EXCAVATION AND ROADWORKS PTY LIMITED; BLACKTOWN CITY COUNCIL PARTIES : RESPONDENTS:

BLACKTOWN CITY COUNCIL; MEGARRY EXCAVATION AND ROADWORKS PTY LIMITED AND ORS

FILE NUMBER(S) : 40141 of 2000 CORAM: Bignold J KEY ISSUES: Costs :- Related class 4 and class 1 proceedings which are settled by consent orders (save as to costs). LEGISLATION CITED: Land and Environment Court Act 1979, s 69 CASES CITED: Knox v Wingecarribee Council (1998) NSWLEC 83 DATES OF HEARING: 29/07/02 DATE OF JUDGMENT: 11/06/2002

APPLICANT (Council): Mr P Clay, Barrister SOLICITORS Michell Sillar

LEGAL REPRESENTATIVES: RESPONDENTS (Megarry): Mr J Robson, Barrister SOLICITORS M McMahon

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . 11044 of 2001 40141 of 2000 Coram : Bignold J 6 November 2002

MEGARRY EXCAVATION AND ROADWORKS PTY LTD

Applicant

v

BLACKTOWN CITY COUNCIL

Respondent

BLACKTOWN CITY COUNCIL

Applicant

v

MEGARRY EXCAVATIONS AND ROADWORKS PTY LTD AND ORS

Respondents

JUDGMENT

Bignold J: A. INTRODUCTION

1. On 29 May 2002 the Court, by consent, made Orders regularly concluding these related class 4 and class 1 proceedings, save for the question of costs which were reserved in both proceedings. A copy of the Orders made in each proceeding is annexed hereto and marked A and B respectively.