John Griffin trading as John Griffin Constructions Development v Mosman Council [2009] NSWLEC 1004

Land and Environment Court of New South Wales

CITATION : John Griffin trading as John Griffin Constructions Development v Mosman Council [2009] NSWLEC 1004

APPLICANT John Griffin Construction Development PARTIES : RESPONDENT Mosman Council

FILE NUMBER(S) : 10782 of 2007

CORAM: Registrar Dixon

KEY ISSUES: COSTS :- Notice of Motion

Grant v Kiama Municipal Council [2006] NSW LEC 70 CASES CITED: Prot Stephens Council v Sansom(2007) 156 LGRA 125 Arden Anglican School v Hornsby Shire Council [2008] NSW LEC

DATES OF HEARING: 17/12/2007, 14/03/2008

DATE OF JUDGMENT: 9 January 2009

APPLICANT John Griffin, litigant in person LEGAL REPRESENTATIVES: RESPONDENT Ms J Hewitt, solicitor of HWL Ebsworth Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Registrar Dixon

09 January 2009

10782 of 2007 John Griffin trading as John Griffin Constructions Development v Mosman Council

JUDGMENT 1 A. The Applicant moves on the Notice of Motion filed with the Court on 2 May 2008 and relies on the affidavit evidence of Mr John Griffin and Mr Jason Hones together with various correspondence to claim the following relief: 1. That the Respondent pays the costs thrown away as a consequence of the Respondent's Notice of Motion dated 11 September 2007. 2. That the Respondent pays the costs thrown away as a consequence of the Respondent's failure to act in accordance with the instruction of the Court on the 14th of March 2008 to lodge conditions agreed on that date within 5 days. 2 Mr Griffin represented the Applicant. The Applicant's previous lawyer Mr Hones ceased to act for the Applicant from about 30 April 2008.