Hornsby Shire Council v Trives (No 4) [2016] NSWLEC 28

Land and Environment Court New South Wales

Medium Neutral Citation: Hornsby Shire Council v Trives (No 4) [2016] NSWLEC 28 Hearing dates: 24 March 2016 Date of orders: 24 March 2016 Decision date: 24 March 2016 Jurisdiction: Class 4 Before: Craig J Decision: Refer to [24] Catchwords: ADMINISTRATIVE LAW - judicial review - whether complying development certificates issued by accredited certifier for erection of "detached studios" are valid – certificates granted in breach of the Act – declaratory order made - mandatory orders sought for the demolition of works constructed pursuant to the complying development certificates - not opposed by respondent – prohibited development - order for demolition made – extended time for compliance to afford reasonable opportunity for respondents to seek consent from the Council to retain some part of the structure for a lawful purpose

COSTS - costs attributable to the determination of a separate question - costs attributable to the proceedings generally - r 42.1 Uniform Civil Procedure Rules 2005 - practice of awarding costs in proceedings with multiple respondents - whether a party should be entitled to costs where party filed a submitting appearance save as to costs - first respondent to pay costs of applicant in all three proceedings and those of the second and third respondents in two of the proceedings Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Cutcliffe v Lithgow City Council [2006] NSWLEC 463; 147 LGERA 330 Hornsby Shire Council v Trives [2014] NSWLEC 171 Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 Hurstville City Council v Minister for Planning and Infrastructure (No 2) [2012] NSWLEC 196 Manns v Attorney General of NSW (No 2) [2010] NSWSC 325 Trives v Hornsby Shire Council [2015] NSWCA 158; 89 NSWLR 268 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Proceedings 14/40215 Hornsby Shire Council (Applicant) Simon Trives (First Respondent) Lachlan Bardo (Second Respondent) Jing Yan (Third Respondent)