Byron Shire Council v Cole [2003] NSWLEC 47

> Land and Environment Court of New South Wales

CITATION : Byron Shire Council v Cole [2003] NSWLEC 47 APPLICANT: Byron Shire Council PARTIES : RESPONDENT: Cole FILE NUMBER(S) : 40084 of 2003 CORAM: Bignold J KEY ISSUES: Costs :- in class 4 proceedings which are terminated without any adjudication on the merits. LEGISLATION CITED: Land and Environment Court Rules, Pt 15 r 7 CASES CITED: Hayden Theatres v Penrith Council, (1998) 105 LGERA; Re The Minister: Ex parte Lai Qin (1997) 186 CLR 622 DATES OF HEARING: 05/02/2003 EX TEMPORE JUDGMENT DATE : 02/05/2003

APPLICANT: Ms T Howard, Barrister SOLICITORS Abbott Tout

LEGAL REPRESENTATIVES: RESPONDENT: in person SOLICITORS N/A

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 40084 of 2003 Coram : Bignold J 5 February 2003

BYRON SHIRE COUNCIL

Applicant

v

BOYD COLE

Respondent

JUDGMENT

1. This is a Class 4 application by a Council which was filed in Court on 24 January this year claiming declaratory and injunctive relief in respect of the use of premises known as No 118 Lighthouse Road, Byron Bay.

2. On that occasion, and in granting leave for the filing of the process and its early return, the Duty Judge, Cowdroy J made an ex parte interlocutory or interim order pending the final determination of the case or until further order of the Court that the Respondent by himself, his servants or agents be restrained from using or suffering or permitting to be used the aforesaid premises as a hostel.