Michelsen, A F v Gosford City Council [2003] NSWLEC 452

> Land and Environment Court of New South Wales

CITATION : Michelsen, A F v Gosford City Council [2003] NSWLEC 452 APPLICANT: Michelsen, A F PARTIES : RESPONDENT: Gosford City Council FILE NUMBER(S) : 40483 of 2002 CORAM: Bignold J KEY ISSUES: Costs :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 27/06/2003 EX TEMPORE JUDGMENT DATE : 06/27/2003

APPLICANT: in person SOLICITORS N/A

LEGAL REPRESENTATIVES: RESPONDENT: A J J Thompson, Barrister SOLICITORS P J Donnellan & Co

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

27 June 2003

40483 of 2002 A.F. MICHELSEN v GOSFORD CITY COUNCIL

JUDGMENT

HIS HONOUR 1. This is a Motion filed in court on 9 April 2003 seeking an order that the Applicant in these class 4 proceedings pay the respondent's costs in the proceedings.

2. Proceedings were concluded on 20 December 2002 when orders were made for the reasons given in my judgment published on 20 December [2002] NSWLEC 249. The application before me on that day was an application to strike out the class 4 proceedings which Mr Michelsen commenced in the Court on 9 August 2002. In those reasons for judgment, I traversed the history of the litigation before expressing the following opinion in par 12 of those reasons: I have great sympathy for the Applicant and his present plight which appears to be dire based upon his recent representation of it at least.