Polden Mark v Wollongong City Council [2007] NSWLEC 550

Land and Environment Court of New South Wales

CITATION : Polden Mark v Wollongong City Council [2007] NSWLEC 550

PARTIES : Mark Polden Wollongong City Council

FILE NUMBER(S) : 40011 of 2007

CORAM: Talbot J

KEY ISSUES: Costs :- Discontinuance following satisfaction of the claim by interaction with a third party.

LEGISLATION CITED: Land and Environment Court Rules 1996, Pt 15, r 7

CASES CITED: Grant v Kiama Municipal Council [2006] NSWLEC 70 ; Re Minister for Immigration and Ethnic Affairs, Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622

DATES OF HEARING: 16 August 2007

EX TEMPORE JUDGMENT DATE : 16 August 2007

APPLICANT Ms Duggan (Barrister) SOLICITORS LEGAL REPRESENTATIVES: Pike Pike and Fenwick RESPONDENT Mr Pickles (Barrister) SOLICITORS Kells The Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

16 August 2007

POLDEN, MARK v WOLLONGONG CITY COUNCIL

EX TEMPORE JUDGMENT 1 Talbot J: These proceedings were commenced by Class 4 application. The relief sought by the applicant was a declaration that a development consent granted on 3 October 2006 is void and of no force and effect. The only further relief was an order that the respondent be restrained from issuing a construction certificate pursuant to the development consent. The only respondent at all times was Wollongong City Council. The person who was the holder of the development consent, the subject of the application, was not joined in the proceedings.