NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Smyth Maher & Associates Pty Limited v Coffs Harbour City Council [2006] NSWLEC 742
APPLICANT Smyth Maher & Associates Pty Limited PARTIES : RESPONDENT Coffs Harbour City Council
FILE NUMBER(S) : 11445 of 2005; 11446 of 2005
CORAM: Jagot J
KEY ISSUES: Costs :- planning appeal - development consents granted after applicant lodged supplementary information - whether fair and reasonable for the Council to pay the applicant's costs - no order for costs made
LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Land and Environment Court Rules 1996 Pt 16 r 4
DATES OF HEARING: 9/11/2006
EX TEMPORE JUDGMENT DATE : 11/09/2006
APPLICANT Mr G Green (solicitor) SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr B Langler (solicitor) SOLICITORS MBT Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
9 November 2006
11445 of 2005 11446 of 2005
SMYTH MAHER & ASSOCIATES Applicant
COFFS HARBOUR CITY COUNCIL Respondent
JUDGMENT Jagot J: Introduction 1 This is an application for costs by the applicant for development consent in two class 1 appeals. The application for costs must be determined in the context set by Pt 16 r 4 of the Land and Environment Court Rules 1996, which operates upon the broad discretion in s 69 of the Land and Environment Court Act 1979.
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