NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Quin v O'Malley trading as Yellamo Building Certifiers & Another [2006] NSWLEC 107
APPLICANT Ken Chun Ban Quin
PARTIES : FIRST RESPONDENT Michael O'Malley trading as Yellamo Building Certifiers
SECOND RESPONDENT Artec Developments Pty Ltd
FILE NUMBER(S) : 40010 of 2005
CORAM: Talbot J
KEY ISSUES: Costs :- whether the usual presumption should be displaced due to disentitling conduct of the first respondent - whether the first respondent was the "real contradictor" or proper protagonist in the proceedings. Costs:- indemnity costs - offer of compromise - whether applicant's delinquency established to justify an order for indemnity costs.
Land and Environment Court Act 1979, s69 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000, cl145
Fountain Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1998) 81 ALR 397; CASES CITED: Leichhardt Municipal Council v Green [2004] NSWCA 341; Maule v Liporoni [No 2] (2002) 122 LGERA 216; Oschlack v Richmond River Council (1998) 193 CLR 72
DATES OF HEARING: 16/12/05, 14/02/2006 (written submissions), 17/03/2006 (written submissions)
DATE OF JUDGMENT: 03/27/2006
APPLICANT Mr F C Corsaro SC SOLICITORS Proctor Phair
FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr T G Howard (Barrister) SOLICITORS Wilshire Webb
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