Hopkins v Palerang Council [2010] NSWLEC 51

Land and Environment Court of New South Wales

CITATION : Hopkins v Palerang Council [2010] NSWLEC 51

APPLICANT: Wilma Lucille Kathryn Hopkins PARTIES : RESPONDENT: Palerang Council

FILE NUMBER(S) : 40722 of 2009

CORAM: Biscoe J

KEY ISSUES: COSTS :- proceedings commenced in class 4 over which the Court had no jurisdiction - whether public interest exception to the costs follow the event rule applied.

Land Acquisition (Just Terms Compensation) Act 1991 Land and Environment Court Rules 2007, r 4.2(1) LEGISLATION CITED: Local Government Act, s 186(1) Roads Act 1993, s 177(1) Uniform Civil Procedure Rules 2005, r 42.1

CASES CITED: Hopkins v Palerang Council [2010] NSWLEC 16

DATES OF HEARING: 8 March 2010

EX TEMPORE JUDGMENT DATE : 8 March 2010

APPLICANT: Ms D Reid (barrister) SOLICITORS: Jack C Herrald LEGAL REPRESENTATIVES: RESPONDENT: Mr J Ayling SC SOLICITORS: Commins Hendriks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

8 March 2010

40722 of 2009

WILMA LUCILLE KATHRYN HOPKINS v PALERANG COUNCIL

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an application for costs by the successful respondent in these proceedings which were brought in Class 4 of the Court's jurisdiction: Hopkins v Palerang Council [2010] NSWLEC 16. The proceedings were brought with the object of preventing the respondent, Palerang Council, from compulsorily acquiring a portion of her land for the purpose of creating a new road to be known as Galvin's Creek Road. 2 Initially, the applicant challenged the giving of a notice of intended acquisition of land by the council pursuant to the Land Acquisition (Just Terms Compensation) Act 1991. After the proceedings were commenced, the acquisition was effected by gazettal of a notice of acquisition.