Carbone v Camden Council (No 2) [2015] NSWLEC 154

Land and Environment Court New South Wales

Medium Neutral Citation: Carbone v Camden Council (No 2) [2015] NSWLEC 154 Hearing dates: 29 September 2015 Date of orders: 01 October 2015 Decision date: 01 October 2015 Jurisdiction: Class 1 Before: Moore AJ Decision: 1. The application for costs is dismissed; and 2. The Applicant is to pay the Respondent's costs of the motion as agreed or assessed. Catchwords: COSTS – "fair and reasonable" – costs for conciliation conference – costs for hearing – decision of council rejecting recommendation by staff for approval – failure of applicant at hearing on critical issue Legislation Cited: Civil Procedure Act 2005 s 56 Conveyancing Act 1919 s 88B Land and Environment Court Act 1979 s 34 Camden Development Control Plan 2011 Camden Local Environmental Plan 2010 Land and Environment Court Rules 2007 r 3.7 Cases Cited: ACM Landmark Pty Limited v Cessnock City Council [2006] NSWLEC 256 Carbone v Camden Council [2015] NSWLEC 1161 Golden Max Pty Limited v Hurstville City Council [2015] NSWLEC 16; 208 LGERA 221 Grant v Kiama Municipal Council [2006] NSWLEC 70 Krivanek v Blue Mountains Council (No 2) [2004] NSWLEC 732 Category: Costs Parties: Mr M Carbone (Applicant) Camden Council (Respondent) Representation: Counsel: Mr T S Hale SC (Applicant) Mr A M Pickles SC (Respondent)