Archiworks Architects Pty Ltd v Sutherland Shire Council [2004] NSWLEC 690

Land and Environment Court of New South Wales

CITATION : Archiworks Architects Pty Ltd v Sutherland Shire Council [2004] NSWLEC 690 APPLICANT Archiworks Architects Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 11024 of 2004 CORAM: Bly C KEY ISSUES: Costs :- LEGISLATION CITED: Land and Environment Court Rules 2003 Land and Environment Court Practice Direction 1993 CASES CITED: DATES OF HEARING: 03/12/2004 DATE OF JUDGMENT: 12/14/2004

APPLICANT Mr P. Clay, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr R. O'Gorman-Hughes, solicitor Sutherland Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

Date

11024 of 2004 Archiworks Architects v Sutherland Shire Council

JUDGEMENT ON COSTS Introduction 1 On 29 Sep 2004 the Court handed down in its judgement in this matter, dismissing the class one appeal involving a townhouse and villa development at 21, 23 and 27 Moreton Rd. Illawong.

2 The hearing began on 28 June 2004 and was subsequently adjourned part heard on the second day to enable the preparation of further amended plans. Mr O'Gorman-Hughes, the respondent's solicitor had objected to the adjournment and advised the Court that he would be asking for costs.

3 A Notice of Motion was subsequently filed on behalf of the respondent on 21 Oct 2004 seeking the following orders: 1. The applicant pay the respondent's costs thrown away by the vacation of the hearing dates on 29 June 2004;