NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Adams v Fairfield City Council [2010] NSWLEC 81
APPLICANT Yalda Adams PARTIES : RESPONDENT Fairfield City Council
FILE NUMBER(S) : 10526 of 2009
CORAM: Craig J
PRACTICE AND PROCEDURE :- application for costs following discontinuance by applicant —bankruptcy of applicant after discontinuing proceedings but before costs determined - leave pursuant to s 58(3) of the Bankruptcy Act 1966 (Cth) not required KEY ISSUES: PRACTICE AND PROCEDURE:- costs - discretion – claim by respondent that costs incurred were unreasonably and unnecessarily incurred- part 3.7 of the Land and Environment Court Rules – applicant 'acted unreasonably in the conduct of the proceedings' - order for costs 'fair and reasonable'
Bankruptcy Act 1966 (Cth) LEGISLATION CITED: Civil Procedure Act 2005 Environment Planning and Assessment Act 1979 Land and Environment Court Rules 2007
CASES CITED: Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56 Port Stephens Council v Sansom [2007] NSWCA 299; 156 LGERA 125
DATES OF HEARING: 19 May 2010
EX TEMPORE JUDGMENT DATE : 19 May 2010
APPLICANT LEGAL REPRESENTATIVES: Yalda Adams RESPONDENT AJJ Thompson, Solicitor of Ritchie & Castellan Solicitors
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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