Wentworth Park Sporting Complex Trust v Leichhardt Council [2004] NSWLEC 776

Land and Environment Court of New South Wales

CITATION : Wentworth Park Sporting Complex Trust v Leichhardt Council [2004] NSWLEC 776 APPLICANT: Wentworth Park Sporting Complex Trust PARTIES : RESPONDENT: Leichhardt Council FILE NUMBER(S) : 30077 of 2001 CORAM: Bignold J KEY ISSUES: Costs :- Whether the costs incurred as a result of adjournment caused by the ultimately successful party should be excluded from costs order LEGISLATION CITED: Local Government Act 1919, s 555(1)(a) Wentworth Park Sporting Complex Trust v Leichhardt Council 122 LGERA 271; CASES CITED: Maclean Shire Council v Nungera Co operative Society Ltd 86 LGERA 430; Council of the City of Sydney v Garbett Pty Limited DATES OF HEARING: 03/02/2004 EX TEMPORE 02/03/2004 JUDGMENT DATE :

APPLICANT: S Kerr SOLICITORS Manion McCosker LEGAL REPRESENTATIVES: RESPONDENT: T Robertson SC SOLICITORS Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

3 February 2004

30077 of 2001 WENTWORTH PARK SPORTING COMPLEX TRUST v LEICHHARDT COUNCIL

JUDGMENT

1. HIS HONOUR: This is an application for costs in Class 3 proceedings involving a claim to exemption from rates under the Local Government Act 1993 upon the grounds that the land was vested in a trustee under the Crown Lands Act. In the event the proceedings failed and I determined that the land was not exempt from rates under the Local Government Act 1993, s 555(1)(a) as had been claimed by the Applicant. The appeal was dismissed. The question of costs was reserved. The Applicant appealed to the Court of Appeal and that appeal was dismissed with costs.