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[2000] NSWLEC 67
Land and Environment Court (NSW)
1991-03-28
Lloyd J, Pearlman J, Talbot J
Original judgment source is linked above.
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MacDonald
Mosman Municipal Council
CITATION : MacDonald v Mosman Municipal Council [2000] NSWLEC 67 APPLICANT: PARTIES : Roderick MacDonald RESPONDENT: Mosman Municipal Council FILE NUMBER(S) : 10166 of 1999 CORAM: Lloyd J KEY ISSUES: Costs :- planning and building appeal - conduct of both parties amounting to exceptional circumstances - applicant's conduct cancels out entitlement to costs - costs of motion for costs Conveyancing Act 1919, s88B LEGISLATION CITED: Environmental Planning & Assessment Act 1979, s79C(1)(e) Land and Environment Court Act 1979, s39(4), s69 Latoudis v Casey (1990) 170 CLR 934; MacDonald v Mosman Municipal Council (1999) 105 LGERA 49; CASES CITED: Outdoor Australia Pty Ltd v Auburn Council (1996) 89 LGERA 365; Pancho Properties Pty Ltd v Wingecarribee Shire Council I (No 2) [1999] NSWLEC 277; Pavements and Excavations Pty Ltd v Tones, NSWCA, 28 March 1991, unreported DATES OF HEARING: 24/02/00 DATE OF JUDGMENT: 04/11/2000
(1990) 170 CLR 934
(1999) 105 LGERA 49
(1996) 89 LGERA 365