NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Council of the City of Sydney v Wilson Parking Australia Pty Ltd and Anor (No 2) [2015] NSWLEC 84 Hearing dates: 21 May 2015 Date of orders: 21 May 2015 Decision date: 21 May 2015 Jurisdiction: Class 4 Before: Beech-Jones AJ Decision: (1) The first respondent pays 75% of the applicant's costs of these proceedings.
(2) The first respondent's notice of motion filed 15 April 2015 be otherwise dismissed.
(3) Orders 2 and 3 made on 26 March 2015 be stayed up to and including 5pm on 2 June 2015.
(4) The first respondent's notice of motion filed 24 April 2015 be otherwise dismissed. Catchwords: COSTS – costs order referable to parties' relative success on claims and issues – no question of principle.
STAY – application for stay pending appeal – loss of profits from car park – necessity to pay rental costs – assertion that car park would be closed if stay not granted – public interest in enforcement of planning regime – stay refused. Cases Cited: - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Council of the City of Sydney v Wilson Parking Australia Pty Ltd and Anor [2015] NSWLEC 42 - D'Anastasi v Environment Protection Authority and Anor (No 2) [2010] NSWLEC 268 - Gray v Richards (No 2) [2014] 315 ALR 1 - Griffith v The Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 - Kalifair Pty Ltd v Digi-Tech Australia Ltd (2002) 55 NSWLR 737 - New South Wales Bar Association v Stevens [2003] NSWCA 95 - Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 - Rosniak v Government Insurance Office (1997) 41 NSWLR 608 - Wilson Parking Australia 1992 Pty Ltd v The Council of the City of Sydney [2012] NSWLEC 1319 Category: Consequential orders (other than Costs) Parties: Council of the City of Sydney - Applicant Wilson Parking Australia 1992 Pty Ltd – First Respondent 4 York Street Pty Ltd – Second Respondent Representation: Counsel: J.E. Kirk SC, Ms F. Ramsay - Applicant J.E. Lazarus – First Respondent Submitting appearance 06.06.14 – Second Respondent
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