Vigor Master Pty Limited v Warringah Council [2006] NSWLEC 140

Land and Environment Court of New South Wales

CITATION : Vigor Master Pty Limited v Warringah Council [2006] NSWLEC 140

APPLICANT Vigor Master Pty Limited PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 11009 of 2004

CORAM: Preston CJ

KEY ISSUES: Costs :- planning appeal - no cost order unless fair and reasonable - proposed costs order by Commissioner - concurrence of Chief Judge required - whether concurrence should be granted - conduct of party in raising an making submissions on question of law after hearing concluded and judgment reserved - no reason why question could not have been dealt with at hearing - hearing day added to deal with question - cost order in relation to such conduct fair and reasonable

Environmental Planning and Assessment Act 1979 s 97 LEGISLATION CITED: Land and Environment Court Act 1979 (NSW) s 56A, s 69, s 69(8) Land and Environment Court Rules 1979 Pt 16 r4, Pt 16 r4(2)

Botany Bay City Council v Rethmann Australia Environmental Services Pty Limited [2004] NSWCA 414 (6 December 2004); Crown Atlantis Joint Venture v Ryde City Council [2005] NSWLEC 303 (15 June 2005) ; Geoform Design Pty Limited v Randwick City Council (1995) 87 LGERA 140; Grant v Kiama Municipal Council [2006] NSWLEC 70 (22 February 2006); Manly Warringah Leagues Club Pty Limited v Warringah Council [2006] NSWLEC 88 (1 March 2006); CASES CITED: Minnesota Nunung & Manufacturing Co v Biersdorf (Australia) Ltd (1979) 144 CLR 253; Mifsud v Campbell (1991) 21 NSWLR 725; Non-Drip Measure Co. Ltd v Stragers Ltd (1942) 59 RPC 1; PDP (Darlinghurst Apartments) Pty Ltd v City of Sydney Council [2005] NSWLEC 41 (10 February 2005); Vigor Master Pty Limited v Warringah Council [2005] NSWLEC 35 (11 February 2005); Vigor Master Pty Limited v Warringah Council (No. 2) [2005] NSWLEC 255 (19 May 2005)