Holroyd City Council v Zeait [2009] NSWLEC 89

Land and Environment Court of New South Wales

CITATION : Holroyd City Council v Zeait [2009] NSWLEC 89

APPLICANT PARTIES : Holroyd City Council RESPONDENT Zeait, Rony

FILE NUMBER(S) : 40028 of 2009

CORAM: Pain J

KEY ISSUES: COSTS :- exercise of discretion whether to award costs to applicant - whether adequate or due notice given to respondent before proceedings commenced

Local Government Act 1993 s 604 LEGISLATION CITED: Rural Lands Protection Act 1998 s 81 Valuation of Land Act 1916 s 71 Water Management Act 2000

CASES CITED: Homemakers Supacenta-Belrose Pty Ltd v Warringah Council (No 2) (2008) 158 LGERA 90

TEXTS CITED: Pearce D C and Geddes R S, Statutory Interpretation in Australia, 6th edition, LexisNexis Australia 2006 Garner B A and Black H C (Eds), Blacks Law Dictionary, 8th edition, West Group USA 2004

DATES OF HEARING: 29 May 2009

EX TEMPORE JUDGMENT DATE : 29 May 2009

APPLICANT Mr R Graham (solicitor) SOLICITOR LEGAL REPRESENTATIVES: HWL Ebsworth Lawyers RESPONDENT Mr E Takchi (solicitor) SOLICITOR Takchi & Associates

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

29 May 2009

40028 of 2009 Holroyd City Council v Zeait

EX TEMPORE JUDGMENT 1 Her Honour: The parties have reached agreement about the orders that should be made in this Class 4 matter but for costs. The orders require that certain activities cease at 25 Henson Street, Merrylands. The Council seeks an order that its costs be paid as the orders made are essentially the same as those in the originating summons, as can be seen when these two documents are viewed together.