Inner West Council v Findlay [2019] NSWLEC 96

Land and Environment Court New South Wales

Medium Neutral Citation: Inner West Council v Findlay [2019] NSWLEC 96 Hearing dates: 12 and 13 June 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Class 4 Before: Moore J Decision: See undertakings and orders at [84] and [85] Catchwords: ORDERS - enforcement - discretion - balancing of factors as to whether appropriate to require compliance - undertakings offered by Respondent - undertakings appropriate to circumstances - discretion exercised not to enforce orders - summons dismissed - presumption that costs follow the event - no basis to depart from that presumption - costs ordered in favour of Respondent Legislation Cited: Environmental Planning & Assessment Act 1979 Evidence Act 1995, ss 91 and 93 Land and Environment Court Act 1979, s 56A Local Government Act 1993, ss 124, 180, 673, 676 and 735A Local Government (Council Amalgamations) Proclamation 2016 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Findlay v Ashfield Council [2016] NSWLEC 1219 House v The King (1936) 55 CLR 499 P E Bakers v Yehuda Pty Ltd (1988) 15 NSWLR 437 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Inner West Council (Applicant) Eric Findlay (Respondent) Representation: Counsel: Mr S Nash, barrister (Applicant) Ms S Duggan SC/Ms J Reid, barrister (Respondent)