The Owners Strata Plan 62254 v Rockdale City Council [2009] NSWLEC 206

Land and Environment Court of New South Wales

CITATION : The Owners Strata Plan 62254 v Rockdale City Council [2009] NSWLEC 206

APPLICANT PARTIES : The Owners Strata Plan 62254 RESPONDENT Rockdale City Council

FILE NUMBER(S) : 10391 of 2009

CORAM: Sheahan J

KEY ISSUES: COSTS :- principles to apply in Class 1; effective surrender of a party; absence of disentitling conduct by moving party

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Land and Environment Court Rules 2007

CASES CITED: Monaghan v Holroyd City Council; Holroyd City Council v Monaghan [2009] NSWLEC 112

DATES OF HEARING: 1 December 2009

EX TEMPORE JUDGMENT DATE : 1 December 2009

APPLICANT Mr M Wright, Barrister SOLICITORS LEGAL REPRESENTATIVES: Andreones Lawyers

RESPONDENT Ms J Hewitt, Solicitor of HWL Ebsworth

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Sheahan J

1 December 2009

10391 of 2009 THE OWNERS STRATA PLAN 62254 v ROCKDALE CITY COUNCIL

EXTEMPORE JUDGMENT

1 His Honour: These Class 1 proceedings are one element of litigation concerning the fire safety of a project known as the Oceanview Apartments at Brighton-Le-Sands. The current proceedings are to be discontinued by consent, but the Council resists an order that it pay the applicant's costs. 2 On 6 January 2009 Council purported to give notice of intention to issue an order under s121B of the Environmental Planning and Assessment Act 1979. The proposed order and the supporting reasons as set out in the notice were complex and lengthy.