Pravin Laljichudasama & Anor v Blacktown City Council [2017] NSWLEC 1716

Land and Environment Court New South Wales

Medium Neutral Citation: Pravin Laljichudasama & Anor v Blacktown City Council [2017] NSWLEC 1716 Hearing dates: 17 October 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Class 1 Before: Froh R Decision: The orders of the Court are:

1. The Applicants are granted leave to discontinue the proceedings.

2. The Applicants are to pay the Respondent's costs of the proceedings from 14 August 2017, as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE - Civil enforcement proceedings - Applicants sought leave to discontinue - Leave required as Respondent did not consent to discontinuance - Respondent did not oppose grant of leave - Leave granted - COSTS - Whether it is fair and reasonable to award costs - Whether the Applicants acted unreasonably in the conduct of the proceedings - Whether the Applicants commenced or continued a claim in the proceedings in circumstances where the application did not have reasonable prospects of success. Legislation Cited: Environmental Planning and Assessment Act 1979, s 149 Land and Environment Court Act 1979, s 34 Land and Environment Court Rules 2007, r 3.7 Uniform Civil Procedure Rules 2005, r 12.1, pt 12 Cases Cited: Adams v Fairfield City Council [2010] NSWLEC 81 Arden Anglican School v Hornsby Shire Council (2008) 158 LGERA 224; [2008] NSWLEC 103 Texts Cited: Nil Category: Principal judgment Parties: Pravin Laljichudasama (First Applicant) Silvia Laljichudasama (Second Applicant) Blacktown City Council (Respondent) Representation: Solicitors: Simon Morrison, Shine Lawyers (First and Second Applicants) David Creais, Bartier Perry Lawyers (Respondent) File Number(s): 2017/00062238 Publication restriction: Nil