Auburn Council v Hiken Group Pty Limited [2007] NSWLEC 753

Land and Environment Court of New South Wales

CITATION : Auburn Council v Hiken Group Pty Limited [2007] NSWLEC 753

APPLICANT PARTIES : Auburn Council RESPONDENT Hiken Group Pty Limited

FILE NUMBER(S) : 40601 of 2007

CORAM: Pain J

KEY ISSUES: Costs :- whether discretion to award costs should be exercised where there is no final hearing - whether consent orders made which effectively met applicant's case

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s121

CASES CITED: Kiama Council v Grant (2006) 143 LGERA 441 ; Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia: Ex Parte Lai Quin [1997] 186 CLR 622

DATES OF HEARING: 15 November 2007

EX TEMPORE JUDGMENT DATE : 15 November 2007

APPLICANT Mr S Flanigan SOLICITOR LEGAL REPRESENTATIVES: Deacons RESPONDENT Mr T Hale SC SOLICITOR Colin Biggers & Paisley

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

15 November 2007

40601 of 2007 Auburn Council v Hiken Group Pty Limited

EX TEMPORE JUDGMENT 1 Her Honour: This is an application by the respective parties in this case for an award of costs in their favour. The substantive proceedings related to the Council's application for a declaration and orders enforcing an emergency order issued under s 121B of the Environmental Planning and Assessment Act 1979 (the EPA Act) to the Respondent. There was no appeal against the emergency order under s 121ZK of the EPA Act. The premises 2 The proceedings relate to Lot 1 DP106759 located at 57-72 Queen Street, Auburn (the premises). The premises comprise extensive retail and commercial space, including basement parking for approximately 126 cars. Two of the larger retail spaces are leased to Woolworths and Big W. 3 The premises form part of a larger complex comprising five residential towers and associated development, containing approximately 471 residential apartments (collectively known as "Auburn Central"). Auburn Central was completed in 2005. The Applicant was the certifying authority and issued construction certificates and occupation certificates for the premises and Auburn Central.