Megna v Drummoyne Municipal Council [1988] NSWLEC 121

Land and Environment Court of New South Wales

CITATION : Megna v Drummoyne Municipal Council [1988] NSWLEC 121 APPLICANT Megna PARTIES : RESPONDENT Drummoyne Municipal Council FILE NUMBER(S) : 10113 of 1988 CORAM: Bignold J KEY ISSUES: :- Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Local Government Act 1919 Land and Environment Court Act 1979 Supreme Court Act 1970 London Scottish Benefit Society v. Chorley, Crawford and Chester (1884) ; Guss v. Veenhuizen (No. 2) (1976); Buckland v. Watts (1969); CASES CITED: Beywood v. Wellers (1976) ; Lysnar v. National Bank of New Zealand Limited (1935); O'Toole v. Scott (1965); Hubbard Association of Scientologists International v. Anderson (1972) ; Abse v. Smith (1986) DATES OF HEARING: 05/05/1988 DATE OF JUDGMENT: 05/26/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

JUDGMENT ON COSTS

Bignold J.: This is an application by the Respondent for costs thrown away as a result of an adjournment being granted to the Applicant on the day that class 1 proceedings were fixed for hearing.

The Respondent's application comes before me as a result of the Court's Practice Direction No. 12 which is in the following terms:-

"12. The practice of the Court is that no order for costs is made in Planning and Building Appeals unless the circumstances are exceptional.

As from this date (ie 16th November, 1987) a direction made by the Chief Judge that proceedings be heard by one or more assessors shall be interpreted as being a direction to hear the whole of the matter other than any question of costs.