NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Carriage v Stockland Development Pty Ltd & Ors [No 9] [2004] NSWLEC 752 APPLICANT PARTIES : Allen Carriage FIRST RESPONDENT Stockland Development Pty Ltd FILE NUMBER(S) : 40863 of 2002 CORAM: Pain J KEY ISSUES: Costs :- whether payable forthwith Land and Environment Court Act 1979 s 69 LEGISLATION CITED: Land and Environment Court Rules Pt 16 Supreme Court Rules Pt 52A r 9 ASIC v Rich [2003] NSWSC 297; Carriage v Stockland Development Pty Ltd & Ors [No 8] [2004] NSWLEC 727; CASES CITED: Fiduciary Limited v Morningstar Research Pty Limited [2002] NSWSC 432; Kyabram Property Investments Pty Limited v Murray; Murray v Duddy [2003] NSWSC 286; Linfox Transport Australia Pty Limited v Ellul & Ors [2003] NSWSC 396 ; Westfield Management Limited and Ors v Direct Factory Outlets Homebush Pty Limited [2004] NSWLEC 538 DATES OF HEARING: 21/12/2004 EX TEMPORE 12/21/2004 JUDGMENT DATE :
APPLICANT Mr T McAvoy instructed by Shaw Reynolds Lawyers LEGAL REPRESENTATIVES: FIRST RESPONDENT B J Skinner instructed by Baker & McKenzie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
21 December 2004
40863 of 2002 Allen Carriage v Stockland Development Pty Ltd & Ors No 9
EX TEMPORE JUDGMENT 1 Her Honour: I have before me an urgent Notice of Motion brought on this morning by the Applicant's solicitor in which the order is sought that, in the interests of justice, the Applicant's order for costs entered by the Court on 20 December 2004 be payable forthwith. The Notice of Motion arises from a judgment I gave in this matter yesterday, Carriage v Stockland Development Pty Ltd & Ors [No 8] [2004] NSWLEC 727 ("Carriage [No 8]") in which I made orders to the effect that the First Respondent is to pay the costs of the Applicant in relation to grounds 1 and 2 of these proceedings and also the costs of the motion in that matter. I also made a finding that I should not make any order as to costs on ground 4.
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