NSW Caselaw
New South Wales Court of Appeal
CITATION: Newcastle City Council v Wescombe [2009] NSWCA 265
HEARING DATE(S): 24/07/09 JUDGMENT OF: McColl JA at [19] and [27]; Campbell JA at [20]-[26]; Young JA at [1]-[18]
EX TEMPORE JUDGMENT DATE: 24 July 2009
DECISION: Leave to appeal refused with costs.
CATCHWORDS: PROCEDURE - costs- appeals as to costs- leave required- applicant Council sought to reverse costs orders made against it in Land and Environment Court- Class 4 proceedings in Land and Environment Court brought by Council had been partly settled and otherwise dismissed- application of UCPR- Calderbank letter- leave to appeal refused. - PROCEDURE - costs- jurisdiction- courts of limited jurisdiction.
Environmental Planning and Assessment Act 1979, ss 123, 124 LEGISLATION CITED: Land and Environment Court Act 1979, s 58(3)(c) Supreme Court Act 1970 Uniform Civil Procedure Rules 2005, r42.1, r42.20
Kiama Council v Grant (2006) 143 LGERA 441 CASES CITED: Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Thomson Australian Holdings Pty Limited v Trade Practices Commission [1981] HCA 48; 148 CLR 150
PARTIES: Newcastle City Council (Applicant) Rebecca Alice Wescombe (Respondent)
FILE NUMBER(S): CA 40079/09
COUNSEL: T F Robertson SC and M Hall (Applicant) G Carolan (Respondent)
SOLICITORS: Sparke Helmore, Newcastle (Applicant) Bilbie Dan, Newcastle (Respondent)
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): 40471/07
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