Signorelli Investments Pty Limited v Sutherland Shire Council [2003] NSWLEC 419

> Land and Environment Court of New South Wales

CITATION : Signorelli Investments Pty Limited v Sutherland Shire Council [2003] NSWLEC 419 PARTIES : Signorelli Investments Pty Limited Sutherland Shire Council FILE NUMBER(S) : 40228 of 2003 CORAM: Pain J KEY ISSUES: Costs :- Class 4 proceedings - validity of Place of Public Entertainment Licences - reasonableness of the parties' conduct LEGISLATION CITED: CASES CITED: Re The Minister for Immigration and Ethnic Affairs ex parte Lai Quin (1997) 186 CLR 622 DATES OF HEARING: 10/12/04 EX TEMPORE JUDGMENT DATE : 12/12/2003

APPLICANT: Mr T.S. Hale SC SOLICITORS: Solari LEGAL REPRESENTATIVES: RESPONDENT: Mr J. Atkin SOLICITORS: Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40228 of 2003

Pain J

12 December 2003 SIGNORELLI INVESTMENTS PTY LIMITED Applicant v SUTHERLAND SHIRE COUNCIL Respondent Judgment

1. Both parties are seeking a costs order in their favour in these Class 4 proceedings. It is necessary that I set out some of the history in this matter in order to give some context to this costs application.

Background

2. The Applicant commenced Class 4 proceedings originally seeking a declaration that certain conditions of a Place of Public Entertainment Licence issued in 2003 by the Council, known as the 2003 POPE Licence, had no force or effect or, alternatively, that the licence was invalid and had no force or effect. The Council must, of course, issue to the Applicant a POPE Licence in accordance with the law.