K R & P C Hayden v Eurobodalla Shire Council [1988] NSWLEC 18

Land and Environment Court of New South Wales

CITATION : K R & P C Hayden v Eurobodalla Shire Council [1988] NSWLEC 18 APPLICANTS K R & P C Hayden PARTIES : RESPONDENT Eurobodalla Shire Council

FILE NUMBER(S) : 10259; 10260 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Local Government Act 1919 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 09/28/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This matter involves appeals against two notices served pursuant to s.317B(1A) of the Local Government Act 1919 ("the L.G.A."), directing the owners to demolish three dwellings. The Court allowed the appeals against the notices, but made substitution of its own orders with respect to each notice. Each party now makes application for costs, or makes submissions with respect to the manner in which the Court should exercise its discretion with respect to the making of an order for costs.

The hearing of the case occupied two days and the Court had the benefit of a view. The matter was disposed of with expedition because the Court had the assistance of experienced Counsel which enabled it to minimise the issues that had to be argued. There was no dispute at the hearing as to the lawfulness of the buildings, and the evidence was generally confined to the circumstances of the case, as outlined by one of the owners and members of the owners' family. On behalf of the Council, town planning evidence and evidence as to the alleged structural defects of the buildings and remedies required if the buildings were to remain was received.

Expert evidence called by the appellants in that regard generally was in line with the evidence given by Council, however the necessity for certain rectification works was disputed, and the Court had to resolve those differences.