Blacktown City Council v Wilkie (No 11) [2011] NSWLEC 216

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v Wilkie (No 11) [2011] NSWLEC 216 Hearing dates: 18 November 2011 Decision date: 18 November 2011 Jurisdiction: Class 4 Before: Pepper J Decision: No order for costs Catchwords: COSTS: whether a wasted costs order should be made against a solicitor who did not appear at a hearing but who remained on the record - duties of a solicitor on the record - solicitor's services terminated by the client in close proximity to the hearing - no wasted costs order warranted Legislation Cited: Civil Procedure Act 2005 ss 56, 99 Uniform Civil Procedure Rules 2005 rr 7.27, 7.29 Cases Cited: Blacktown City Council v Wilkie [2003] NSWLEC 120 Ireland as Executor of the Estate of the late Charles Steward Gordan v Retallack (No 2) [2011] NSWSC 1096 Kelly v Jowett [2009] NSWCA 278; (2009) 76 NSWLR 405 NA & J Investments Pty Ltd v Minister Administering the Water Management Act 2000 (No 2) [2011] NSWLEC 98 Puruse Pty Ltd v Council of the City of Sydney [2009] NSWLEC 163; (2009) 169 LGERA 85 QGC Pty Ltd v Bygrave [2010] FCA 659; (2010) 186 FCR 376 Whyked Pty Ltd v Yahoo!7 Pty Ltd [2008] NSWSC 477 Category: Procedural and other rulings Parties: Blacktown City Council (Applicant) Craig Floyd (Respondent) Representation: Mr S Shneider (solicitor) (Applicant) No Appearance (Respondent) Houston Dearn O'Connor (Applicant) No Appearance (Respondent) File Number(s): 40025 of 2001