Gall v Tamworth City Council [2003] NSWLEC 50

> Land and Environment Court of New South Wales

CITATION : Gall v Tamworth City Council [2003] NSWLEC 50 APPLICANT: Gall PARTIES : RESPONDENT: Tamworth City Council FILE NUMBER(S) : 10449 of 2001 CORAM: Bignold J KEY ISSUES: Costs :- in class 1 proceedings-summarily dismissed-whether exceptional circumstances demonstrated. LEGISLATION CITED: Maurici v Chief Commissioner of State Revenue (2001) 114 LGERA 376; CASES CITED: McDonald v Mosman Municipal Council (No 2), (2000) 107 LGERA 211; Prince v North Sydney Council (2001) 115 LGERA 65 DATES OF HEARING: 25/02/2003 EX TEMPORE JUDGMENT DATE : 02/25/2003

APPLICANT: Mr M Fraser, Barrister SOLICITORS Bowen and Gerathy LEGAL REPRESENTATIVES: RESPONDENT: Mr W O'Rourke, Solicitor SOLICITORS Deacons

JUDGMENT:

IN THE LAND AND Matter No. 10449 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 25 February 2002

M GALL

Applicant

v

TAMWORTH CITY COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. By its Motion filed on 30 October 2001, the Council seeks an order that the Applicant pay the Council's costs in these proceedings, which involved an appeal against the Council's decision refusing development consent to an application to establish, on land in the City of Tamworth, a development comprising a licensed brothel, strip club, escort and adult sex shop. The Council's decision refusing development consent was taken at its meeting of 22 May 2001. The reasons for refusal included the following: 1. The application is inconsistent with the aims objectives of Amendment 14 to Tamworth Local Environmental Plan, the gazettal of which is imminent.