Bevillesta Pty Ltd v Parramatta City Council [1988] NSWLEC 124

Land and Environment Court of New South Wales

CITATION : Bevillesta Pty Ltd v Parramatta City Council [1988] NSWLEC 124 APPICANT Bevillesta Ply Ltd PARTIES : RESPONDANT Parramatta City Council FILE NUMBER(S) : 10602 of 1987 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: E.S. Turnbull Pty. Limited v. Wollongong City Council DATES OF HEARING: 17/12/1987, 23/12/1987 DATE OF JUDGMENT: 06/21/1988

APPLICANT Mr. Molloy RESPONDENT LEGAL REPRESENTATIVES: Mr. Neustein Mr. Laffer Mr. Hassall Mr. Tillott

JUDGMENT:

Bignold J.: The Respondent seeks an order for costs in respect of class 1 proceedings which it was defending and which proceedings were terminated on 11th April, 1988 when the Applicant, without prior notice, withdrew its appeal at the commencement of the hearing.

The hearing had been specially fixed for 11th-13th April, 1988 at a call-over conducted by the Registrar on 18th March, 1988. In fact this was the second occasion that the proceedings had been specially fixed for hearing. At the first call-over conducted on 17th December, 1987 (following the lodging of the appeal on 2nd December, 1987) the Registrar specially fixed the hearing for 22nd and 23rd February, 1987. At that call-over the Applicant had indicated that it would be calling two experts being an architect and an expert with special skills in building sun-screen applications and the Respondent had indicated that it would be calling a Building Consultant (Mr. Hassall) and one of its employed Town Planners (Mr. Tillott).