Unomedical Pty Ltd v Pittwater Council [2007] NSWLEC 862

Land and Environment Court of New South Wales

CITATION : Unomedical Pty Ltd v Pittwater Council [2007] NSWLEC 862

APPLICANT Unomedical Pty Ltd PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10720 of 2007

CORAM: Jagot J

KEY ISSUES: Costs :- whether costs order fair and reasonable in circumstances of particular case - no order as to costs - costs of notice of motion

LEGISLATION CITED: Land and Environment Court Rules 1996

DATES OF HEARING: 10 December 2007

EX TEMPORE JUDGMENT DATE : 10 December 2007

APPLICANT Mr D T Miller with Ms Michelle Castle SOLICITORS DLA Phillips Fox LEGAL REPRESENTATIVES:

RESPONDENT Mr T G Howard SOLICITORS Mallesons Stephen Jacques

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

10 December 2007

10720 of 2007

UNOMEDICAL PTY LTD Applicant

PITTWATER COUNCIL Respondent

JUDGMENT Jagot J: 1 This is an application for costs by the Council in relation to proceedings commenced by Unomedical Pty Ltd against a prevention notice issued on 26 July 2007 with respect to Unomedical's operations from certain premises in Mona Vale.

2 The parties accept that the proceedings are subject to Pt 16 r 4 of the Land and Environment Court Rules 1996 which provides that no order for the payment of costs will be made in proceedings to which the rule applies unless the Court considers that the making of a costs order is, in the circumstances of the particular case, fair and reasonable.