NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kempsey Shire Council v Tebran Pty Limited (No 2) [2008] NSWLEC 64
APPLICANT Kempsey Shire Council PARTIES : RESPONDENT Tebran Pty Limited
FILE NUMBER(S) : 40413 of 2007
CORAM: Jagot J
KEY ISSUES: Costs :- civil enforcement proceedings - respondent succeeded on all issues - no circumstance displacing the usual order as to costs - applicant ordered to pay respondent's costs as agreed or assessed.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
CASES CITED: Kempsey Shire Council v Tebran Pty Limited [2007] NSWLEC 731
DATES OF HEARING: 1 February 2008
EX TEMPORE JUDGMENT DATE : 1 February 2008
APPLICANT Mr G Underwood SOLICITORS Cooney Harvey Doney LEGAL REPRESENTATIVES:
RESPONDENT Mr I J Hemmings SOLICITORS Thorntons
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Jagot J
1 February 2008
40413 of 2007
KEMPSEY SHIRE COUNCIL Applicant
TEBRAN PTY LIMITED Respondent
JUDGMENT Jagot J: 1 On 8 November 2007 I delivered my principal reasons in the matter of Kempsey Shire Council v Tebran Pty Limited [2007] NSWLEC 731. In those proceedings the Council had sought certain declarations and orders to the effect that Tebran was carrying out development in breach of the applicable environmental planning instrument and, thereby, in breach of s 76A(1) of the Environmental Planning and Assessment Act 1979.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate