The Owners - Strata Plan No 20226 v North Sydney Council [2012] NSWLEC 148

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners - Strata Plan No 20226 v North Sydney Council [2012] NSWLEC 148 Hearing dates: 21 June 2012, 25 June 2012 Decision date: 25 June 2012 Before: Craig J Decision: (1)The applicant's notice of motion is dismissed (2)The respondent's notice of motion is dismissed (3)The applicant is to pay the respondent's costs of the applicant's notice of motion (4)The exhibits may be returned Catchwords: COSTS: - Class 1 appeal - appeal against order under s 121B of the Environmental Planning and Assessment Act 1979 - boundary retaining wall in danger of collapse - further order under s 124 of the Local Government Act 1993 - dispute between landowners as to responsibility to comply with orders - remedial action agreed following conciliation conference - presumption against costs order in Class 1 and Class 2 proceedings - Pt 3 r 3.7 of the Land and Environment Court Rules 2007 - not fair and reasonable to order costs Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government Act 1993 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Cases Cited: Arden Anglican School v Hornsby Shire Council [2008] NSWLEC 103; (2008) 158 LGERA 224 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997] HCA 6; (1977) 186 CLR 622 Port Stephens Council v Sansom [2007] NSWCA 299; (2007) 156 LGERA 125 ROI Properties Pty Ltd v Council of the City of Sydney [2010] NSWLEC 22 Category: Costs Parties: The Owners - Strata Plan No 20226 (Applicant) North Sydney Council (Respondent) Representation: P J Bambagiotti (Applicant) A M Pickles (Respondent) Mills Oakley Lawyers (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 10941 of 2011and 20049 of 2012