NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Zhang v Harutoonian [2020] NSWLEC 39 Hearing dates: 24 April 2020 Date of orders: 27 April 2020 Decision date: 27 April 2020 Jurisdiction: Class 4 Before: Pain J Decision: (1) The proceedings are dismissed.
(2) Each party is to pay its costs of the proceedings referred to in order (1).
(3) The Applicant is to pay the First Respondent's costs of this costs hearing.
(4) The exhibits are returned. Catchwords: COSTS – applicant seeks order for dismissal of proceedings and costs – default costs order under Uniform Civil Procedure Rules 2005 that applicant pay costs unless otherwise order made - no unreasonable behaviour by respondent justifying an otherwise order – no capitulation by respondent justifying otherwise order Legislation Cited: Lane Cove Local Environmental Plan 2009 cl 4.6 Uniform Civil Procedure Rules 2005 r 12.1 Cases Cited: Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Ralph Lauren 57 Pty Ltd v Byron Shire Council [2014] NSWCA 107 Walker v Siasat [2014] NSWLEC 86 Category: Costs Parties: Jian Wen Zhang (Applicant) Mouna Harutoonian (First Respondent) Lane Cove Council (Second Respondent) Representation: COUNSEL: I Hemmings SC (Applicant) A Pearman (First Respondent) N/A (Second Respondent)
SOLICITORS: Hones Lawyers (Applicant) Foteades Legal (First Respondent) Marsdens (Second Respondent) File Number(s): 19/342094
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