Wyong Shire Council v MCC Energy (No 2) [2005] NSWCA 196

New South Wales Court of Appeal

CITATION: Wyong Shire Council v MCC Energy (No 2) [2005] NSWCA 196

HEARING DATE(S): On papers

JUDGMENT DATE: 10 June 2005

JUDGMENT OF: Hodgson JA; Tobias JA

DECISION: First respondent be granted a certificate under s6 of the Suitor's Fund Act 1951 if otherwise qualified.

CATCHWORDS: COSTS - Appeal partially successful - Order that each party pay their own costs - Whether respondent entitled to indemnity certificate under Suitor's Fund Act 1951 s 6

LEGISLATION CITED: Suitor's Fund Act 1951

CASES CITED: N/A

Wyong Shire Council MCC Energy Pty Limited PARTIES: Scott James Ford Lorraine Gayle Ford

FILE NUMBER(S): CA 40178/04

A: Mr M Craig QC / P Tomasetti COUNSEL: R: S Duggan / E Ozen

A. Abbott Tout, Sydney SOLICITORS: 1R: Coudert Brothers, Sydney 2R & 3R: Aubrey Brown Partners, Wyong

LOWER COURT JURISDICTION: Land & Environment Court

LOWER COURT FILE NUMBER(S): L&E 41031/02

LOWER COURT JUDICIAL OFFICER: Cowdroy J

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40178/04 L&E 41031/02

HODGSON JA TOBIAS JA

10 June 2005 WYONG SHIRE COUNCIL v MCC ENERGY PTY LIMITED & ORS (No. 2) Judgment 1 THE COURT: In this matter judgment was delivered on 29 March 2005 when the following orders were made: (1) Appeal allowed in part. (2) Order 2 of the Orders made by the Land and Environment Court on 18 February 2004 is stayed until further order of that Court to enable the determination of development application DA 1370/02 either by the Appellant having regard to the judgment of this Court or by the Land and Environment Court on appeal to it pursuant to s 97 of the Environmental Planning & Assessment Act 1979 in respect of that development application.