Council of the City of Sydney v Le (No 2) [2010] NSWLEC 218

Land and Environment Court of New South Wales

CITATION : Council of the City of Sydney v Le (No 2) [2010] NSWLEC 218

APPLICANT PARTIES : Council of the City of Sydney RESPONDENT Tien Luy Le

FILE NUMBER(S) : 40951 of 2009

CORAM: Pain J

KEY ISSUES: COSTS :- whether court should exercise its discretion to award local council's costs of removal of waste and legal costs of enforcing a clean up order

LEGISLATION CITED: Local Government Act 1993 s 678(6)

CASES CITED: Commonwealth Bank of Australia v Hattersley (2001) 51 NSWLR 333 Council of City of Sydney v Sulligoi [2007] NSWLEC 778

DATES OF HEARING: 6 August 2010

EX TEMPORE JUDGMENT DATE : 6 August 2010

APPLICANT Mr A Hawkes (solicitor) LEGAL REPRESENTATIVES: SOLICITOR Council of the City of Sydney RESPONDENT In person

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

6 August 2010

40951 of 2009 Council of the City of Sydney v Le (No 2)

EX TEMPORE JUDGMENT 1 Her Honour: I have before me a Notice of Motion where the Council is seeking orders that pursuant to orders made by me on 25 March 2010 the Respondent is to pay the Council's costs and expenses of carrying out works in the sum of $1,938 (prayer 1). That order is sought pursuant to s 678(6) of the Local Government Act (the LG Act).

2 The second order sought is that pursuant to order 6 of the orders made by me on 25 March 2010, the Respondent should pay the Council's legal costs for these proceedings in the sum of $5,376 together with the further costs of this Notice of Motion and any other order the Court sees fit.