Wechsler v City of Sydney Council (No 3) [2015] NSWLEC 124

Land and Environment Court New South Wales

Medium Neutral Citation: Wechsler v City of Sydney Council (No 3) [2015] NSWLEC 124 Hearing dates: 2 and 3 June; 8 and 22 July and 4 August 2015 Decision date: 07 August 2015 Jurisdiction: Class 1 Before: Moore AJ Decision: See [83] for directions to permit final orders to be made Catchwords: MODIFICATION APPLICATION - scope of the earlier modification determination - visual impact in streetscape - impact on the outlook from neighbouring properties COSTS - matter remitted after successful appeal - costs sought to be recovered for expert witness - costs claimed included costs incurred prior to remitter - no basis for claim for prior costs - applicant only partially successful on the merits on remitter - no fair and reasonable basis upon which to make costs order - costs application dismissed Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Cases Cited: Grant v Kiama Municipal Council [2006] NSWLEC 70 Latoudis v Casey [1990] HCA 59; 170 CLR 534 Jojeni Investments Pty Ltd v Mosman Municipal Council (No 2) [2015] NSWCA 208 North Sydney Council v Michael Standley & Associates Pty Ltd [1998] NSWSC 163; 43 NSWLR 468 Wechsler v Sydney City Council [2013] NSWLEC 1116 Wechsler v City of Sydney Council [2014] NSWLEC 201 Wechsler v Sydney City Council (No 2) [2015] NSWLEC 35 Category: Principal judgment Parties: Dr R Wechsler (Applicant) City of Sydney Council (Respondent) Representation: Counsel: Applicant in person Mr A Pickles, barrister (Respondent)