NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Miltonbrook Pty Limited v. Kiama Municipal Council [1998] NSWLEC 127 APPLICANT Miltonbrook Pty Ltd PARTIES : RESPONDENT Kiama Municipal Council FILE NUMBER(S) : 10259 of 1998 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: s.102 Environmental Planning and Assessment Act 1979 Leatch v National Parks and Wildlife Service (1993) 81LGERA 270; CASES CITED: Raiti v Leichhardt Municipal Council (1991) 72LGRA 333 ; Progress and Securities Pty Ltd v. North Sydney Council (1988) 66LGRA 236; Seaforth Services Pty Ltd v. Byron Shire Council (1991) 72LGRA 44. DATES OF HEARING: 23/10/98 DATE OF JUDGMENT: 11/11/1998
APPLICANT Mr P. Tomasetti, Barrister LEGAL REPRESENTATIVES: RESPONDENT Mrs J.C. Kelly, Barrister Morton and Harris
JUDGMENT: By its Notice of Motion dated 24 July 1998, the Applicant seeks an order that the Respondent (the Council) pay the costs of the proceedings which involved a successful appeal by the Applicant pursuant to s.102(5) of the Environmental Planning and Assessment Act 1979 (the EP&A Act) against the Council's determination refusing the Applicant's application to modify a development consent.
The Applicant's Motion was filed within 14 days of the decision of Assessor Hussey upholding the Applicant's appeal, as required by paragraph 10 of the Court's Current Practice Direction.
That paragraph provides, inter alia, as follows:
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