Scott & Ors v Kogarah Municipal Council & Anor [1988] NSWLEC 3

Land and Environment Court of New South Wales

CITATION : Scott & Ors v Kogarah Municipal Council & Anor [1988] NSWLEC 3 APPLICANT Scott & Ors PARTIES : RESPONDENT Kogarah Municipal Council & Anor FILE NUMBER(S) : 40135 of 1987 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act Fatsel Pty. Ltd. v. A.C.R. Trading Pty. Ltd. (1985); Scarborough v. Lew's Junction Stores Pty. Ltd. (1963); CASES CITED: Wilson v. Church (No.2) (1879); Klinker Knitting Mills Pty. Ltd. v. L'Union Fire Accident and General Insurance Co. Ltd. (1937); Attorney-General v. Emerson (1889); Grant v. Banque Franco-Egyptienne (1878) DATES OF HEARING: DATE OF JUDGMENT: 05/20/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: The 2nd Respondent has moved the Court for an order staying the taxation of costs ordered by the Court in favour of the successful Applicant in concluded class 4 proceedings pending the final determination of the 2nd Respondent's pending appeal to the Court of Appeal.

The only ground relied upon by the 2nd Respondent in support of its Notice of Motion is that it has filed an appeal against this Court's orders made on 23rd December, 1987 granting the Applicants in the class 4 proceedings declaratory and injunctive relief against the 2nd Respondent.

A few days after the filing of the appeal to the Court of Appeal I made certain costs orders on 15th February, 1988 including an order that the two Respondents pay the Applicants' costs on the hearing of the substantive suit.