Funtime Investments Pty Limited v Yass Valley Council [2004] NSWLEC 300

Land and Environment Court of New South Wales

CITATION : Funtime Investments Pty Limited v Yass Valley Council [2004] NSWLEC 300 APPLICANT Funtime Investments Pty Limited PARTIES : RESPONDENT Yass Valley Council . FILE NUMBER(S) : 10870 of 2003 CORAM: Moore C Costs :- KEY ISSUES: "Fair and reasonable" . Land and Environment Court Rules 1996 Pt 16, r 4(2) Administrative Decisions Tribunal Act 1997 s88(1) LEGISLATION CITED: Civil and Administrative Tribunal Act 1998 (Vic) s109 Land and Environment Court Act 1979 s69(8) . Latoudis v Casey (1990) 170 CLR 534; CASES CITED: Brooks Maher v Cheung [2001] NSWADT 18; CSA Architects Pty Ltd v Woollahra Municipal Council (No. 2) [2004] NSWLEC 234; . DATES OF HEARING: 26 March, 20 April and 25 May 2004 DATE OF JUDGMENT: 06/16/2004

APPLICANT Mr B Bilinsky, solicitor B Bilinsky & Co LEGAL REPRESENTATIVES: RESPONDENT Mr A Bradbury, solicitor Minter Ellison

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Moore C 16 June 2004 03/10870 FUNTINE INVESTMENTS PTY LIMITED V YASS VALLEY COUNCIL Judgment

Introduction 1 On 25 May 2004, I gave an extempore decision agreeing to consent orders in this matter despite a number of submissions containing objections to the proposed development. At the conclusion of my decision on those matters, Mr B Bilinsky, solicitor for the applicant, applied for costs for two earlier occasions when the matter had come before me and for the additional costs incurred by the applicant in the commissioning of a report dealing with one of the issues raised by an objector.