Port Stephens Council v Tannous & Anor [2007] NSWLEC 450

Land and Environment Court of New South Wales

CITATION : Port Stephens Council v Tannous & Anor [2007] NSWLEC 450

APPLICANT Port Stephens Council

PARTIES : FIRST RESPONDENT Charly Tannous

SECOND RESPONDENT Josephine Tannous

FILE NUMBER(S) : 40098 of 2006

CORAM: Jagot J

KEY ISSUES: Costs :- civil enforcement - consent orders - no hearing on merits - each party ordered to pay its own costs

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Kiama Council v Grant (2006) 143 LGERA 441

DATES OF HEARING: 12 July 2007

EX TEMPORE JUDGMENT DATE : 12 July 2007

APPLICANT Mr J B Maston SOLICITORS Sparke Helmore LEGAL REPRESENTATIVES: FIRST & SECOND RESPONDENT Mr I J Hemmings SOLICITORS Sage Solicitors

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

12 July 2007

40098 of 2006

PORT STEPHENS COUNCIL Applicant

CHARLY TANNOUS First Respondent

JOSEPHINE TANNOUS Second Respondent

JUDGMENT Jagot J:

1 This is an application by the Port Stephens Council for costs in Class 4 proceedings against two respondents, Charly and Josephine Tannous, who are the owners of a property at 80 Government Road Nelson Bay, being Lots 1 and 2 in DP 1098535.