Marrickville Council v Cleary [2015] NSWLEC 24

Land and Environment Court New South Wales

Medium Neutral Citation: Marrickville Council v Cleary [2015] NSWLEC 24 Hearing dates: 16 February 2015 Date of orders: 17 February 2015 Decision date: 17 February 2015 Jurisdiction: Class 4 Before: Craig J Decision: The First and Second Respondents must pay the Applicant's costs of the proceedings. The proceedings are otherwise dismissed. Exhibits on the costs hearing may be returned. Catchwords: COSTS - Class 4 proceedings - interlocutory proceedings - s 121B of the Environmental Planning and Assessment Act 1979 - prohibited residential land use and unauthorised business use - whether conduct of Council is such that it is disentitled to an order for costs - r 42.1 of the Uniform Civil Procedure Rules - whether reasonable notice had been given by Council of its intention to commence proceedings - proceedings commenced and continued reasonably by the Council - orders for costs. Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Marrickville Local Environmental Plan 2011 Cases Cited: Council of the City of Sydney v Chapman [2007] NSWLEC 146 Marrickville Council v Cleary [2014] NSWLEC 203 Melbourne University Publishing Ltd v Williamson [2005] FCA 1910 Category: Costs Parties: Marrickville Council (Applicant) Mark Stephen Cleary (First Respondent) Mark Cleary and Associates Pty Ltd (Second Respondent) Shu Min Zhang (Third Respondent) Edward Gee (Fourth Respondent) Representation: Counsel: M Cottom (solicitor) (Applicant) N Hammond (First and Second Respondents) No appearance (Third and Fourth Respondents)