NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tesrol Greenwich Pty Ltd v Lane Cove Council [2007] NSWLEC 288
APPLICANT PARTIES : Tesrol Greenwich Pty Ltd RESPONDENT Lane Cove Council
FILE NUMBER(S) : 10779 of 2006
CORAM: Pain J
KEY ISSUES: Costs :- exercise of Court's discretion to award costs in Class 1 proceedings - whether fair and reasonable to order costs against Respondent Council - whether Respondent Council properly advised should have known that it had no or very poor prospects of success.
LEGISLATION CITED: Land and Environment Court Rules 1996 4 Pt 16 r 4(2)
Aldi Foods Pty Ltd v Holroyd City Council (2005) 142 LGERA 141; Hunter Development Brokerage Pty Limited v Cessnock City Council [No 2] [2006] NSWCA 292; CASES CITED: Kiama Council v Grant (2006) 143 LGERA 441; Tesrol v Lane Cove Council [2007] NSWLEC 156; Vigor Master Pty Ltd v Warringah Council [2006] NSWLEC 140
DATES OF HEARING: 18 May 2007
EX TEMPORE JUDGMENT DATE : 18 May 2007
APPLICANT Mr M Causer (solicitor) SOLICITOR LEGAL REPRESENTATIVES: Mallesons Stephen Jaques RESPONDENT Mr S Griffiths SOLICITOR Pike Pike and Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
18 May 2007
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