Khoury v Holroyd City Council [2014] NSWLEC 37

Land and Environment Court New South Wales

Medium Neutral Citation: Khoury v Holroyd City Council [2014] NSWLEC 37 Hearing dates: 17 March 2014 Decision date: 17 March 2014 Jurisdiction: Class 1 Before: Preston CJ Decision: Orders as set out at [29] Catchwords: COSTS - appeal against order - requiring cessation of use - applicant applied to withdraw appeal on first day of hearing - leave to withdraw refused - appeal heard in absence of applicant - whether applicant should pay respondent's costs of appeal on indemnity basis - whether failed or delayed providing documents - whether acted unreasonably - whether appeal lacked reasonable prospects of success - applicant acted unreasonably in delaying notification of wish to withdraw - did not fail to file essential documents - unable to determine prospects of success - conduct not sufficiently delinquent for indemnity costs - applicant to pay respondent's costs of preparation and attendance at appeal after conclusion of conciliation conference - applicant to pay respondent's costs of notice of motion for costs Legislation Cited: Environmental Planning and Assessment Act 1979 ss 121B, 121ZK(1) Land and Environment Court Act 1979 s 34 Land and Environment Court Rules 2007 r 3.7(2) Category: Principal judgment Parties: Mr Robert Khoury (Applicant) Holroyd City Council (Respondent) Representation: Applicant in person Ms K Law (Solicitor) (Respondent) Applicant in person MatthewsFolbigg Lawyers File Number(s): 10472 of 2013 Publication restriction: No