Wallace v Anastasiou [2016] NSWLEC 10

Land and Environment Court New South Wales

Medium Neutral Citation: Wallace v Anastasiou [2016] NSWLEC 10 Hearing dates: 27 November 2015, 18 December 2015, 19 January 2016 (written submissions) Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Class 4 Before: Pain J Decision: (1) The First, Second and Third Respondents are to pay the Applicants' costs of the Orders of 30 October 2014.

(2) The First, Second and Third Respondents are to pay half of the Applicants' costs of the Notice of Motion dated 11 March 2015 and the Amended Notice of Motion dated 24 August 2015.

(3) The exhibits are to be returned. Catchwords: COSTS – civil enforcement – final consent orders made requiring expert reports to be obtained and work to be done in relation to restaurant operation – no hearing on merits to guide determination of costs – whether supervening event affected implementation of final orders – partial costs order in favour of applicants made. Legislation Cited: Building and Construction Industry Security of Payment Act 1999 Civil Procedure Act 2005 s 98 Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 r 42.1 Cases Cited: Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Kiama Council v Grant [2006] NSWLEC 96; (2006) 143 LGERA 441 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Category: Costs Parties: Richard Wallace (First Applicant) Elizabeth Wallace (Second Applicant) Owners Strata Plan No 69470 (Third Applicant) Savva Anastasiou (First Respondent) John Anastasiou (Second Respondent) China Beach Restaurant Pty Ltd (Third Respondent) Atcha Pty Ltd (Fourth Respondent) Representation: COUNSEL: Mr K Webber, solicitor (Applicants) Mr G Doyle, solicitor (First to Third Respondents) Mr T Howard, solicitor (Fourth Respondent)