Gorczynski v Leichhardt Municipal Council & Ors No. 2 [Costs] [2002] NSWLEC 73

Land and Environment Court of New South Wales

CITATION : Gorczynski v Leichhardt Municipal Council & Ors No. 2 [Costs] [2002] NSWLEC 73 APPLICANT Peter Francis Gorczynski PARTIES : RESPONDENT Leichhardt Municipal Council & Ors FILE NUMBER(S) : 40012 of 2000 CORAM: Cowdroy J KEY ISSUES: Costs :- Interlocutory proceedings LEGISLATION CITED: CASES CITED: DATES OF HEARING: 04/03/2002 EX TEMPORE JUDGMENT DATE : 03/04/2002

APPLICANT Mr D. Miller (Barrister)

SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT Ms H. Irish (Barrister)

SOLICITORS Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND MATTER No. 40012 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 04/03/02

Peter Francis Gorczynski Applicant v Leichhardt Municipal Council & Ors Respondents JUDGMENT

1. The parties request the Court to make the orders by consent as contained in proposed short minutes. An application for costs made by the respondents is opposed. Instead the applicant seeks an order that all costs be reserved. 2. Since the Court is faced with conflicting versions of past events, it concludes that it is impossible to determine the application for costs at this stage of the proceedings. However, the transcript of this morning's hearing will be ordered. It will be useful when costs are argued in the proceedings, particularly in relation to the respondents' claim that the applicant failed to provide the second further amended application by the due date. Such failure will need to be explained, otherwise it would appear that the respondents may be entitled to indemnity costs to compensate them for the costs thrown away in respect of their appearance on 25 February 2002. 3. The Court therefore makes in accordance with the short minutes of order, orders 1, 2, 3, 4, 5, 6, 8 and 9, and reserves all questions of costs. I will strike out the handwritten notation. The orders made are initialled by me and dated today.