NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Bluebank Properties Pty Ltd v Willoughby City Council [2008] NSWLEC 270
APPLICANT Bluebank Properties Pty Ltd PARTIES : RESPONDENT Willoughby City Council
FILE NUMBER(S) : 10707 of 2007
CORAM: Pain J
KEY ISSUES: Costs :- exercise of discretion whether to award costs to unsuccessful applicant in Class 1 proceedings because fair and reasonable to do so - whether Council behaved unreasonably - whether proceedings defended for improper purpose
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s96 Land and Environment Court Rules 2007 r 3.7
Bluebank Properties v Willoughby City Council [2008] NSWLEC 1182 CASES CITED: Denise Leha v MIMA [2000] AATA 105 Hughes Aircraft Systems International v Airservices Australia (1997) 146 ALR 1 Melbourne Steamship Co Ltd v Moorehead (1912) 15 CLR 333
DATES OF HEARING: 17 September 2008
DATE OF JUDGMENT: 18 September 2008
APPLICANT Mr J Doyle (Solicitor) SOLICITORS LEGAL REPRESENTATIVES: Doyles Construction Lawyers RESPONDENT Ms H Irish SOLICITORS Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
18 September 2008
10707 of 2007 Bluebank Properties Pty Limited v Willoughby City Council
JUDGMENT 1 Her Honour: Commissioner Hoffman dismissed the s 96 modification application filed by the Applicant in Bluebank Properties v Willoughby City Council [2008] NSWLEC 1182. The Applicant has filed a Notice of Motion seeking an order that its costs be paid by the Council on an indemnity basis or alternatively a party/party basis.
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