ROADS AND TRAFFIC AUTHORITY v CREMONA [NO 3] [2005] NSWCA 13

Reported Decision : 140 LGERA 420

New South Wales Court of Appeal

CITATION: ROADS AND TRAFFIC AUTHORITY v CREMONA [NO 3] [2005] NSWCA 13

HEARING DATE(S): 19 September 2001, 20 September 2001, 30 November 2001

JUDGMENT DATE: 11 February 2005

JUDGMENT OF: Sheller JA

DECISION: 1. The appellant pay interest on the costs paid by the respondent as itemised in Schedule "I" to the affidavit of Lilian See of 1 September 2004 from the dates of payment set out in the said schedule at the Supreme Court interest rates set out for each period in the said schedule.; 2. The appellant is to pay the costs of this appication on an indemnity basis.

Supreme Court Act 1970 LEGISLATION CITED: Legal Profession Act 1987 Land and Environment Court Act 1979

Timms v Commonwealth Bank of Australia & Ors [No 4] [2004] NSWCA 25 Minister Administering the Environmental Planning and Assessment Act 1979 v Carson (1994) 35 NSWLR 342 T A Field Pty Ltd v Frigmobile of Australia Pty Ltd (1978) 2 NSWLR 488 CASES CITED: Grogan v Thiess Contractors Pty Ltd & Anor [2000] NSWSC 1101 Davies v Ku-ring-gai Municipal Council [2003] NSWSC 1010 Hughes Bros v Trustees of the Roman Catholic Church [1999] NSWSC 1051 Australian Development Corporation Pty Ltd v White Constructions (ACT) Pty Ltd [2002] NSWSC 280

Roads and Traffic Authority - Appellant PARTIES: Minna Maarit Cremona - Respondent

FILE NUMBER(S): CA 40652/00

C T Barry QC/A Porthouse - Appellant COUNSEL: B M J Toomey QC/M Kumar - Respondent

I V Knight - State Crown Solicitor - Appellant SOLICITORS: Riley, Gray-Spencer - Respondent