Thomas v Randwick City Council [2012] NSWLEC 10

Land and Environment Court New South Wales

Medium Neutral Citation: Thomas v Randwick City Council [2012] NSWLEC 10 Hearing dates: 2 February 2012 Decision date: 02 February 2012 Jurisdiction: Class 1 Before: Pain J Decision: 1. Applicant's Notice of Motion dated 29 November 2011 is dismissed. 2. No order as to costs. Catchwords: COSTS - whether fair and reasonable to award costs where Council had no quorum to determine development application necessitating appeal to Court Legislation Cited: Civil Procedure Act 2005 s 4 Environmental Planning and Assessment Act 1979 s 97 Land and Environment Court Act 1979 s 23, s 34(1A) Land and Environment Court Rules 2007 r 3.7 Local Government Act 1993 s 360, s 368, s 371, s 440, s 451 Uniform Civil Procedure Rules 2005 r 6.11 Cases Cited: Agonic Holdings Pty Ltd v Lithgow City Council [2009] NSWLEC 34 F & D Bonnacorso Pty Ltd v City of Canada Bay Council (No 3) [2007] NSWLEC 569 Monaghan v Holroyd City Council (2009) 167 LGERA 321 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 St Mary's Land Limited v Valuer-General of NSW [2011] NSWLEC 2 Vis Visitor Investment Services Pty Ltd v Hawkesbury City Council (No 2) [2010] NSWLEC 252 Category: Principal judgment Parties: Chris Thomas (Applicant) Randwick City Council (First Respondent) Paul Chilcott (Second Respondent) Representation: Mr M Heath (Applicant) Mr A Seton (solicitor) (First Respondent) Submitting appearance (Second Respondent) Murray Fahey & Associates (Applicant) Marsdens Law Group (First Respondent) Submitting appearance (Second Respondent) File Number(s): 10746 of 2011