Paterson v Warringah Council [2003] NSWLEC 25

> Land and Environment Court of New South Wales

CITATION : Paterson v Warringah Council [2003] NSWLEC 25 APPLICANT: Paterson PARTIES : RESPONDENT: Warringah Council FILE NUMBER(S) : 10951 of 2001 and; (1)0391 of 2002 CORAM: Bignold J KEY ISSUES: Costs :- costs in related class 1 proceedings involving the issue of two statutory planning enforcement orders-Parties having varying degrees of success in outcome of proceedings LEGISLATION CITED: Land and Environment Court Act 1979, s 69 Court's Practice Direction, par 10 CASES CITED: Altomonte v Hunters Hill Council (2002) 120 LGERA 286 DATES OF HEARING: 02/12/02 EX TEMPORE JUDGMENT DATE : 12/02/2002

APPLICANT: Dr I Paterson (Agent) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Ms J Smith, Solicitor SOLICITORS Wilshire Webb

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 10951 of 2001 and (1) 0391 of 2002 Coram : Bignold J 2 December 2002

JOHN PATERSON

Applicant

v

WARRINGAH COUNCIL

Respondent

JUDGMENT

1. The Court has before it competing motions claiming costs in proceedings which were concluded by the delivery of judgment by Commissioner Brown on 3 September 2002 in related proceedings both involving the issue of an order pursuant to the Environmental Planning and Assessment Act 1979, s 121B in respect of premises known as No 6 Tanderra Place, Curl Curl, at the time owned by the Applicant who is a 90 year old pensioner who has lived in the premises for many years assisted by his carer, his son Dr Paterson and his family. Dr Paterson appeared as the authorised agent for his father in the proceedings and again appears before me today on the competing motions for costs.