Rochford v Melis [2013] NSWLEC 2

Land and Environment Court New South Wales

Medium Neutral Citation: Rochford v Melis [2013] NSWLEC 2 Decision date: 29 January 2013 Before: Sheahan J Decision: 1. That leave be granted to the applicant to discontinue the proceedings, by consent. 2. That the respondent pay the applicant's costs of and incidental to the proceedings, including the applicant's costs of the costs hearing on 7 September 2012, on a party-party basis, as agreed or assessed. 3. That all exhibits be returned, except Exhibit R3. Catchwords: COSTS: discontinuation of proceedings which have lost their utility - applicant seeking an order for costs from the respondent - principles to apply Legislation Cited: Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Eather v Mosman Municipal Council [2012] NSWLEC 92 Fordyce v Fordham [2006] NSWCA 274, 67 NSWLR 497 Garners Pty Ltd v Gloucester Shire Council [2012] NSWLEC 205 Gillespie v Wolseley Investments Pty Ltd [2011] NSWLEC 24 Great Lakes Council v Wilkes [2010] NSWLEC 117 Kiama Council v Grant [2006] NSWLEC 96, 143 LGERA 441 One.Tel Ltd v Commissioner of Taxation [2000] FCA 270, 101 FCR 548 Category: Costs Parties: James Alexander Rochford (Applicant) Paul Melis (Respondent) Representation: Mr T To, Barrister (Applicant) Litigant in person (Respondent) Baker Deane & Nutt (Applicant) Not Applicable (Respondent) File Number(s): 40297 of 2012