Mangos and Anor. v Fairfield City Council [2003] NSWLEC 453

> Land and Environment Court of New South Wales

CITATION : Mangos and Anor. v Fairfield City Council [2003] NSWLEC 453 APPLICANTS: Mangos and Anor. PARTIES : RESPONDENT: Fairfield City Council FILE NUMBER(S) : 10442 of 2002 CORAM: Bignold J KEY ISSUES: Costs :- Application by Respondent for costs in Class 1 proceedings where those proceedings were discontinued by Applicant LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96 Gormick Constructions Pty Limited v City of Sydney Council [2002] NSWLEC 130 1 August 2002); Joanou v Randwick City Council 105 LGERA 237; CASES CITED: Manly Wharf Proprietary Limited v Manly Council (1998) LGERA 245; Menangle Sand and Soil v Wingecarribee Shire Council 108 LGERA 209; Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia, Ex Parte Lai Qin 186 CLR 622 DATES OF HEARING: 27/06/2003 EX TEMPORE JUDGMENT DATE : 06/27/2003

APPLICANTS: Mr M Baird, Barrister SOLICITORS Australian Town Planning Consultants LEGAL REPRESENTATIVES: RESPONDENT: Mr A J J Thompson, Barrister SOLICITORS Kencalo and Ritchie

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

27 June 2003

10442 of 2002 MANGOS & ANOR v FAIRFIELD CITY COUNCIL

JUDGMENT

HIS HONOUR 1. This is an application for costs made by the Council in class 1 proceedings which were discontinued in the Court by the filing of a Notice of Discontinuance by the Applicant to the class 1 proceedings.