Bennett v Leichhardt Municipal Council [2008] NSWLEC 1359

Land and Environment Court of New South Wales

CITATION : Bennett v Leichhardt Municipal Council [2008] NSWLEC 1359 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Craig Bennett PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 40470 of 2008

CORAM: Registrar Dixon

KEY ISSUES: Costs :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Foukkare v Angreb Pty Ltd [2006] NSWCA335. Reid v Shearan [2002] NSWSC 902.

DATES OF HEARING: 03/09/200

DATE OF JUDGMENT: 10 September 2008

APPLICANT Mr Teh, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms S. Duggan, SC instructed by Ms Walsh of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Registrar Dixon

10 September 2008

40470 of 2008 Craig Bennett v Leichhardt Council

JUDGMENT 1 The applicant seeks an order for costs of and incidental to these proceedings. The respondent opposes such an order and submits instead that each party should pay its own costs of the proceedings.

2 The applicant is present in Court and represented by Mr Teh (the beneficial owner) of the property at 12 Rosser St Rozelle (the subject site). The respondent is represented by Ms Duggan of Counsel instructed by Ms Walsh and Ms Lyons.

3 The applicant relies on the notice of motion dated 16 July 2008 and the affidavit evidence of: a. Eddy Neumann dated 15 July 2008 b. Anthony Melinz dated 19 August 2008 c. Craig Bennett dated 12 May 2008 and 22 August 2008 d. Steven Ten dated 21 August 2008 4 The respondent does not take objection to the substance or form of the applicant's affidavits subject to the Court attaching appropriate weight.