Marrickville Council v Admark Investments Pty Limited and Another (No 2) [2002] NSWLEC 82

Land and Environment Court of New South Wales

CITATION : Marrickville Council v Admark Investments Pty Limited and Another (No 2) [2002] NSWLEC 82 APPLICANT Marrickville Council

PARTIES : FIRST RESPONDENT Admark Investments Pty Limited

SECOND RESPONDENT Portuguese Marble & Granite Pty Limited t/a Euro Abrasives FILE NUMBER(S) : 40193 of 2000 CORAM: Talbot J KEY ISSUES: Costs :- claim by one respondent for an indemnity by the other respondent LEGISLATION CITED: Land and Environment Court Rules 1979 CASES CITED: Marrickville Council v Admark Investments Pty Ltd and Another (2000) 116 LGERA 312 DATES OF HEARING: 06/05/2002 DATE OF JUDGMENT: 05/24/2002

APPLICANT N/A SOLICITORS N/A

FIRST RESPONDENT Mr P C Tomasetti (Barrister) LEGAL REPRESENTATIVES: SOLICITORS J S Pinto & Co

SECOND RESPONDENT Ms S A Duggan (Barrister) SOLICITORS Gordon Robilliard Plowman Merton

JUDGMENT:

IN THE LAND AND Matter No. 40193 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 24 May 2002

Marrickville Council Applicant v Admark Investments Pty Limited First Respondent Portuguese Marble & Granite Pty Limited t/a Euro Abrasives Second Respondent

REASONS FOR JUDGMENT

1. In a reserved judgment published on 4 October 2001, following discontinuance of the proceedings after the subject property had been vacated, thereby removing the necessity for the making of any orders against either respondent, each of the respondents was ordered to pay one half of the applicant's costs.