Haddad & Ors v The Minister Administering the Heritage Act [1988] NSWLEC 158

Land and Environment Court of New South Wales

CITATION : Haddad & Ors v The Minister Administering the Heritage Act [1988] NSWLEC 158 APPLICANT Haddad PARTIES : RESPONDENT The Minister Administering the Heritage Act FILE NUMBER(S) : 30125 of 1985 CORAM: Stein J KEY ISSUES: :- Land And Environment Court Act LEGISLATION CITED: Repeal And Ammendment Act 1979 Miscellaneous Act (Planning) CASES CITED: Morosi v. Mirror Newspapers Ltd. ((l977) DATES OF HEARING: 22/05/86, 01/09/86, 29/09/86 DATE OF JUDGMENT: 02/10/1988

APPLICANT Mr Webster LEGAL REPRESENTATIVES: RESPONDENT Mr Hale

JUDGMENT:

HIS HONOUR: On 27 July l987 I fixed compensation in this matter in the sum of $625,820 and, at the request of the parties, reserved all questions of costs. The respondent has appealed to the Court of Appeal and in the meantime I have been asked to determine the costs before the Land and Environment Court.

Three issues of costs have been argued before me:-

l. What order should be made in relation to the costs thrown away by the vacation, on 24 March 1986, of the hearing set to commence on 7 April 1986? These costs were reserved by Perrignon J. Both parties ask for an order for costs in their favour.

2. What order should be made in relation to the costs of the proceedings arising between 25 March l986 and 26 September 1986? Again, each side asks for costs.

3. What order should be made in relation to the general costs of the proceedings? The applicants submit that costs should abide the event of the litigation and the respondent submits that a special order for costs should be made apportioning costs according to the manner in which the issues were determined by the Court.