Roads and Traffic Authority of New South Wales v. The Minister for Planning & Ors [1989] NSWLEC 230

Land and Environment Court of New South Wales

CITATION : Roads and Traffic Authority of New South Wales v. The Minister for Planning & Ors [1989] NSWLEC 230 APPLICANT Roads and Traffic Authority of New South Wales

FIRST RESPONDENT The Minister for Planning PARTIES : SECOND RESPONDENT Coffs Habour City Council

THIRD RESPONDENT Yadle Investments Pty Ltd FILE NUMBER(S) : 40150 of 1989 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 08/23/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: On 23 June 1989 I gave Judgment in this matter dismissing the application brought by the Roads & Traffic Authority of New South Wales (RTA). The Application sought a Declaration that cl.15 of the Coffs Harbour Local Environmental Plan 1988 was invalid in certain respects. I held that the claim was barred by reason of the failure of the applicant to comply with section 35 of the Environmental Planning and Assessment Act.

In dismissing the application I did not deal with any issue of costs. The owner of the land and third respondent Yadle Investments Pty. Limited now seeks an order that the applicant pay its costs. Mr. Maston, on behalf of the RTA, makes no submission to the contrary. I see no reason why costs should not follow the event of the litigation. It follows that the RTA should pay the third respondent's costs of the application and I so order.

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