Linda Harvey v. Burwood Council [1998] NSWLEC 101

Land and Environment Court of New South Wales

CITATION : Linda Harvey v. Burwood Council [1998] NSWLEC 101 APPLICANT Linda Harvey PARTIES : RESPONDENT Burwood Council FILE NUMBER(S) : 30684 of 1991 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 27/07/98 EX TEMPORE JUDGMENT DATE : 07/27/1998

APPLICANT Mr G De Souza (Agent) Solicitors Applicant n/a

LEGAL REPRESENTATIVES:

RESPONDENT Mr F Levy (Solicitor) Forbes Smith & Co Solicitors

JUDGMENT:

1. HIS HONOUR: The question of costs was reserved when I delivered judgment in this matter on 11 May 1998. The reason that the question of costs was reserved is because the history of the matter in its entirety, or at least to a very large extent, had not been touched on during the course of the hearing before me. In particular during submissions in so far as they were relevant to a question of costs.

2. The matter has a long history and it is not necessary for me to reiterate all of the events that have occurred since the land was first resumed by the council in February 1989. However it is apparent from the material that is before the Court, either by way of evidence or in the record of other proceedings associated with this resumption, that there has been, from the outset, an ongoing hard fought dispute between this applicant and the council.

3. The jurisdiction of the Court in relation to the order for costs is found in s 69 of the Land and Environment Court Act. In common with s 76 of the Supreme Court Act it is clear and well established that any order for costs is in the discretion of the Court.