NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wollondilly Shire Council v James Leslie Godfrey and Ors [2007] NSWLEC 281
APPLICANT Wollondilly Shire Council
FIRST RESPONDENT James Leslie Godfrey
SECOND RESPONDENT JGE Earthmoving Pty Limited
THIRD RESPONDENT All Picton Sand and Soild Pty Ltd
FOURTH RESPONDENT Allstate Asphalt Pty Ltd PARTIES : FIFTH RESPONDENT A1 Truck Repairs Pty Limited
SIXTH RESPONDENT Earth Civil (NSW) Pty Ltd
SEVENTH RESPONDENT JGE Machinery Pty Ltd
EIGHTH RESPONDENT Southern Equipment Sales & Rental Pty Ltd
NINTH RESPONDENT Zayrate Pty Limited
FILE NUMBER(S) : 41537 of 2005; 40855 of 2006
CORAM: Jagot J
KEY ISSUES: Costs :- civil enforcement proceedings resolved by undertaking and development consent in related Class 1 appeal - disentitling conduct - whether respondents surrendered - orders for costs made in one proceeding but not the other
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 ss 124(3) and 69 Protection of the Environment Operations Act 1997 s 96
Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 ; CASES CITED: Kiama Council v Grant (2006) 143 LGERA 441; One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548; Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622.
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