Over Our Dead Body Society Inc. v Byron Shire Council and Anor. [2003] NSWLEC 60

> Land and Environment Court of New South Wales

CITATION : Over Our Dead Body Society Inc. v Byron Shire Council and Anor. [2003] NSWLEC 60 APPLICANT: Over Our Dead Body Society Inc. PARTIES : RESPONDENT: Byron Shire Council and Anor. FILE NUMBER(S) : 40242 of 2001 CORAM: Bignold J KEY ISSUES: Costs :- class 4 proceedings discontinued without notice to or consent by Respondent. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 22/03/2002 EX TEMPORE JUDGMENT DATE : 03/22/2002

APPLICANT: N/A SOLICITORS N/A

FIRST RESPONDENT: LEGAL REPRESENTATIVES: N/A

SECOND RESPONDENT Mr J Webster, Barrister SOLICITORS Stone and Partners

JUDGMENT:

IN THE LAND AND Matter No. 40242 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 22 March 2002

OVER OUR DEAD BODY SOCIETY INC.

Applicant

v

BYRON SHIRE COUNCIL

First Respondent

BYRON BAY COMMUNITY ASSOCIATION INC.

Second Respondent

JUDGMENT

1. By its Motion filed on 15 February this year the Second Respondent, the Byron Bay Community Association Incorporated, seeks an order that the Applicant pay its costs in the proceedings.

2. The proceedings were commenced on 24 December 2001 claiming declaratory and injunctive relief in relation to a foreshadowed payment by the Byron Council to the Second Respondent in the sum of $410,000 out of the Environmental Planning and Assessment Section 94 Fund held by the Council to assist in the construction costs (estimated at some $2.4 million) for the redevelopment of the Byron Bay Community Centre being undertaken by the Second Respondent.