Canterbury City Council v Mihalopoulos [2011] NSWLEC 11

Land and Environment Court New South Wales

Medium Neutral Citation: Canterbury City Council v Mihalopoulos [2011] NSWLEC 11 Hearing dates: 15 February 2011 Decision date: 15 February 2011 Before: Pepper J Decision: The orders of the Court are therefore: (1) the costs order made on 30 November 2010 is vacated; (2) the first respondent is ordered to pay the costs of the applicant of the proceedings; (3) the first respondent is to pay the applicant's and second respondent's costs of the motion; and (4) the exhibits on the motion are returned. Catchwords: COSTS - application by second respondent to vary previous order that respondents to pay council's costs - second respondent filed submitting appearance only - first respondent did not appear at hearing - first respondent's conduct caused the commencement of proceedings causing the council to incur costs for which it was entitled to be compensated - costs order varied Legislation Cited: Civil Procedure Act 2005 s 98 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Canterbury City Council v Mihalopoulos [2010] NSWLEC 248 Kennedy v NSW Minister for Planning [2010] NSWLEC 269 Latoudis v Casey [1990] HCA 95; (1990) 170 CLR 534 Category: Consequential orders Parties: Canterbury City Council (Applicant) Basilios Mihalopoulos (First Respondent) Amanda Mihalopoulos (Second Respondent) Representation: Counsel: Mr D Baird (solicitor) (Applicant) Mr M Klooster (solicitor) (First Respondent) Mr J O'Sullivan (solicitor) (Second Respondent) Solicitors: Marsdens Law Group (Applicant) Somerville Legal (First Respondent) APJ Law (Second Respondent) File Number(s): 40694 of 2010