NSW Caselaw
Appeal Outcome: Special leave application dismissed by the High Court - 22 May 2008 - [2008] HCASL 276
New South Wales Court of Appeal
CITATION: Peters & Anor v Manly Municipal Council & Anor [2007] NSWCA 343
HEARING DATE(S): 17 October 2007
JUDGMENT DATE: 4 December 2007
JUDGMENT OF: Giles JA at 1; Handley AJA at 44; Hislop J at 45
DECISION: (1) Refuse leave to appeal against the costs order; (2) Appeal otherwise dismissed; (3) Appellants pay the respondents' costs.
CATCHWORDS: DEVELOPMENT CONSENT - appellants claimed invalid because development for a prohibited purpose - car park for golf club on land across the road from the Club - held permitted purpose because ancillary to use of golf club land as recreation area - consideration of independent and ancillary usage - no error shown in judge's conclusion - COSTS - judge made order for costs against appellants - reasons for challenging costs order outlined - no substantial ground demonstrated - leave to appeal against costs order refused.
CASES CITED: Berowra RSL Community and Bowling Club Ltd v Hornsby Shire Council [2000] NSWLEC 243; (200) 114 LGERA 345; Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114; (2007) 151 LGERA 400.
Juliet Peters and Michael Voyias - Appellants PARTIES: Manly Municipal Council - First Respondent Manly Golf Club Ltd - Second Respondent
FILE NUMBER(S): CA 40766/06
First appellant in person COUNSEL: M Craig QC & A Pickles - First Respondent I Hemmings & S Tzouganatos - Second Respondent
SOLICITORS: Home Wilkinson Lowry - First Respondent Thomson Playford - Second Respondent
LOWER COURT JURISDICTION: Land & Environment Court
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