Land and Environment Court of New South Wales CITATION : Buchanan; Kapanke; Moyle v Sutherland Shire Council [2008] NSWLEC 41 30290 of 2005 APPLICANTS: Kerrie Jane Buchanan and Tony Charles Buchanan RESPONDENT: Sutherland Shire Council 30291 of 2005 APPLICANTS: PARTIES : Traudel Kapanke and Manfred Kapanke RESPONDENT: Sutherland Shire Council 30292 of 2005 APPLICANTS: Trudie Leonie Kathleen Moyle and Gregory John Moyle RESPONDENT: Sutherland Shire Council FILE NUMBER(S) : 30290; 30291; 30292 of 2005 CORAM: Biscoe J KEY ISSUES: Compulsory Acquisition of Land :- assessment of applicant's legal and consultant's costs under s 59(a) and (b) of Land Acquisition (Just Terms Compensation) Act 1991. LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991 s 59(a) and (b) CASES CITED: Buchanan; Kapanke; Moyle v Sutherland Shire Council [2007] NSWLEC 243 DATES OF HEARING: 19/12/07 (written submissions) DATE OF JUDGMENT: 1 February 2008 APPLICANTS: Mr J Burrell, solicitor SOLICITORS Burrell Solicitors LEGAL REPRESENTATIVES: RESPONDENT: Mr J Cole, solicitor SOLICITORS Home Wilkinson Lowry JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES BISCOE J 1 February 2008 30290 of 2005 BUCHANAN v SUTHERLAND SHIRE COUNCIL 30291 of 2005 KAPANKE v SUTHERLAND SHIRE COUNCIL 30292 of 2005 MOYLE v SUTHERLAND SHIRE COUNCIL JUDGMENT 1 HIS HONOUR: The only remaining issue in these resumption compensation proceedings which have otherwise been resolved, is the quantum of the applicants' legal and consultant costs under s 59(a) and (b) of the Land Acquisition (Just Terms Compensation) Act 1991. That issue is consequential upon the declarations and orders in my judgment dated 2 May 2007 in these proceedings: Buchanan; Kapanke; Moyle v Sutherland Shire Council [2007] NSWLEC 243 at [29]. 2 The parties have made written submissions and have consented to my determining the quantum of these costs without giving reasons. I determine their quantum at $11,211.14. 3 Having regard to the result compared with the competing positions of the parties, I order the respondent to pay 50 percent of the applicants' costs of the applicants' notices of motion filed on 28 November 2007 relating to this issue. The proceedings will be listed before me at 9.30 am on Thursday 7 February 2008 for the purpose of making final orders in relation to the whole proceedings. By 4 pm on the preceding day the parties are to send agreed or competing short minutes of final orders electronically to my chambers. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.