Tenacity Investments v Ku-Ring-Gai Council and Ors (No 2) [2008] NSWLEC 171

Land and Environment Court of New South Wales

CITATION : Tenacity Investments v Ku-Ring-Gai Council and Ors (No 2) [2008] NSWLEC 171

APPLICANT: Tenacity Investments

FIRST RESPONDENT: Ku-ring-gai Council

SECOND RESPONDENTS: Russell and Angela Cooke

THIRD RESPONDENTS: Vicki and Daniel Ming

FOURTH RESPONDENT: Peter Dobrijevic

FIFTH RESPONDENT: Yvonne Forsyth

PARTIES : SIXTH RESPONDENTS: Ivan and Janet Lum

SEVENTH RESPONDENTS: John and Virginia Hill

EIGHTH RESPONDENTS: Christopher and Aini Wong

NINTH RESPONDENTS: Patrick Lee and Liza Lam

TENTH RESPONDENT: Marina Brun-Smits

ELEVENTH RESPONDENTS: Gavin and Lynn Hucker

TWELFTH RESPONDENTS: Steven and Gum You; Kwok and Sylvia Ng

FILE NUMBER(S) : 30688 of 2006

CORAM: Pain J

KEY ISSUES: Costs :- exercise of discretion whether to make costs order in accordance with s 40(8) Land and Environment Court Act 1979 - whether applicant for easement entitled to indemnity costs - whether respondents acted unreasonably in the litigation

Civil Procedure Act 2005 Conveyancing Act 1919 Land and Environment Court Act 1979 s40 LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 Local Government Act 1993 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005