Knox v. Wingecarribee Council [1998] NSWLEC 91

Land and Environment Court of New South Wales

CITATION : Knox v. Wingecarribee Council [1998] NSWLEC 91 APPLICANT Knox PARTIES : RESPONDENT Wingecarribee Council FILE NUMBER(S) : 10316 of 1997 CORAM: Lloyd J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act 1979, s 69(2) CASES CITED: Laguillo v Haden Engineering Pty Limited (1978) 1 NSWLR 306 CA).; Allied Container Services Pty Limited v Sutherland Shire Council (Land and Environment Court, Pearlman J, 7 March 1997, unreported) DATES OF HEARING: 05/05/98 DATE OF JUDGMENT: 05/06/1998

APPLICANT S B Austin QC Solicitors Knox Wight & Strickland, Mosman

LEGAL REPRESENTATIVES:

RESPONDENT D P Wilson B Bilinsky & Co, Bowral

JUDGMENT:

1. This is an application for costs by Wingecarribee Council, which was the successful party in proceedings in Class One and in Class Four of the Court=s jurisdiction and which were heard together.

2. On 2 June 1997 the Council commenced proceedings in Class Four of the Court=s jurisdiction in which it sought a declaration that the respondent in those proceedings, Mrs J Knox, had carried out development without consent having been obtained therefor, contrary to the provisions of s 76 of the Environmental Planning and Assessment Act 1979 and for consequential relief including demolition of the development which had been carried out.

3. On 4 June 1997 Mrs Knox appealed under ss 96(1) and 97(1) of the Environmental Planning and Assessment Act against the deemed refusal by the Council of a development application for the development which is the subject of the Class Four proceedings.