NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Blue Mountains City Council v Kramer [2007] NSWLEC 781
APPLICANT Blue Mountains City Council PARTIES : RESPONDENT Willem Kramer
FILE NUMBER(S) : 40705 of 2007
CORAM: Preston CJ
KEY ISSUES: Costs :- civil enforcement proceedings - respondent submitted to consent orders in terms of applicant Council's application - whether any disentitling conduct by Council - whether proceedings premature - order for costs made
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121B
CASES CITED: Kiama Council v Grant (2006) 143 LGERA 441; Rockdale City Council v Axia Constructions Pty Limited [2007] NSWLEC 213 (30 March 2007)
DATES OF HEARING: 19 November 2007
EX TEMPORE JUDGMENT DATE : 19 November 2007
APPLICANT Ms J Blunden (solicitor) SOLICITORS Houston Dearn O'Connor LEGAL REPRESENTATIVES: RESPONDENT Mr R O'Gorman-Hughes (barrister) SOLICITORS Ghobrial Legal
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PRESTON CJ
19 NOVEMBER 2007
40705 OF 2007
BLUE MOUNTAINS CITY COUNCIL V WILLEM KRAMER
JUDGMENT
1 HIS HONOUR: On 5 October 2007, the Court, by consent of the parties, made prohibitory and mandatory injunctions against the respondent, Mr Kramer, in relation to his property at 5 Spurwood Road, Warrimoo. The issue of costs of the proceedings, however, was not agreed and that issue has been fixed for hearing today.
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