Broken Hill City Council v Tumanic [2012] NSWLEC 162

Land and Environment Court New South Wales

Medium Neutral Citation: Broken Hill City Council v Tumanic [2012] NSWLEC 162 Hearing dates: 13 July 2012 Decision date: 16 July 2012 Jurisdiction: Class 4 Before: Pepper J Decision: Leave to discontinue granted. Respondents to pay the applicant's costs of the proceedings and the motion as agreed or assessed. Catchwords: COSTS: ex parte application for leave to discontinue and an order for costs - use of premises contrary to conditions of consent - supervening event of owner re-entering the premises and taking possession - leave to discontinue granted - costs sought in fixed amount - disentitling conduct of respondents - order for the payment of fixed costs not logical, fair or reasonable based on available information - costs payable as agreed or assessed. Legislation Cited: Civil Procedure Act 2005, ss 56, 98(4)(a) Uniform Civil Procedure Rules 2005, r 42.19 Cases Cited: Eather v Mosman Municipal Council [2012] NSWLEC 92 Harrison v Schipp [2002] NSWCA 213; (2002) 54 NSWLR 738 Microsoft Corp v Jiang [2003] FCA 101; (2003) 58 IPR 445 Puruse Pty Limited v Council of the City of Sydney [2009] NSWLEC 163; (2009) 169 LGERA 85 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Wollahra Municipal Council v Tilley [2010] NSWLEC 75 Category: Costs Parties: Broken Hill City Council (Applicant) Jaimie Tumanic (First Respondent) Courtney Bower (Second Respondent) Representation: Ms J Reid (Solicitor) (Applicant) No appearance (Respondents) Wilshire Webb Staunton Beattie Lawyers (Applicant) N/A (Respondents) File Number(s): 40059 of 2012