NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wollongong City Council v Falamaki (No 4) [2009] NSWLEC 83
APPLICANT PARTIES : Wollongong City Council RESPONDENT Masood Falamaki
FILE NUMBER(S) : 40091 of 1997
CORAM: Pain J
KEY ISSUES: COSTS :- discretion to award costs - both parties seeking costs of respective Notices of Motion
LEGISLATION CITED: Uniform Civil Procedure Rules 2005 r 42.1
CASES CITED: Latoudis v Casey (1990) 170 CLR 534
13 May 2009 DATES OF HEARING: 14 May 2009 22 May 2009
DATE OF JUDGMENT: 1 June 2009
APPLICANT Mr J Ayling SC with Mr D Shoebridge SOLICITORS Fisher Cartwright Berriman LEGAL REPRESENTATIVES: RESPONDENT Mr M Vasilli (solicitor) (13 May 2009) Dr M Falamaki (in person) (14 May 2009) Mr D Knaggs (solicitor) (22 May 2009)
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
1 June 2009
40091 of 1997 Wollongong City Council v Falamaki (No 4)
JUDGMENT ON COSTS 1 Her Honour: In Wollongong City Council v Falamaki (No 3) [2009] NSWLEC 80 (Falamaki No 3), which considered two Notices of Motion filed by the respective parties, I determined on 22 May 2009 that a certain declaration and orders ought be made in relation to the Dr Falamaki's property at 12 Arter Avenue, Figtree. Following discussion with the parties on 22 May 2009 and subsequently, today I make the declaration and orders as follows: The Court makes the following declaration:
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