Harrison v Owen [2011] NSWLEC 143

Land and Environment Court New South Wales

Medium Neutral Citation: Harrison v Owen [2011] NSWLEC 143 Hearing dates: 22 August 2011 Decision date: 23 August 2011 Jurisdiction: Class 3 Before: Sheahan J Decision: Each party is to pay his own costs. Catchwords: COSTS: matter resolved by consent orders - principles to apply Legislation Cited: Civil Procedure Act 2005 Encroachment of Buildings Act 1922 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Cases Cited: ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2001) 101 FCR 548 Perpetual Trustees Victoria Ltd v Suncorp-Metway Ltd [2010] NSWLEC 12 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Principal judgment Parties: Patrick Brian Harrison (Applicant) Edward Owen (Respondent) Representation: Ms L M Byrne, Barrister (Applicant) Mr R W Tregenza, Barrister (Respondent) Snelgroves (Applicant) Redmond Hale Simpson (Respondent) File Number(s): 30185 of 2011

Judgment

Introduction 1The substantive dispute in these encroachment proceedings was resolved by the making of consent orders at the commencement on 22 August 2011 of the first day of a scheduled two-day hearing. 2The parties remain in dispute about the question of costs. The applicant sought an order for costs in the original class 3 application and now seeks an order that his costs be paid by the respondent on a party-party basis as agreed or assessed. The respondent says that there should be no order as to costs in respect of the period up to and including 7 July 2011, and that the applicant should be ordered to pay the respondent's costs from and including 8 July 2011.