Pancho Properties Pty Limited v Wingecarribee Shire Council

Land and Environment Court (NSW)|2004-11-09|Before: Talbot J

The applicant, Pancho Properties Pty Limited pay the costs of the respondent Wingecarribee Shire Council in respect of the application for costs heard on 28 October 2004.

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CITATION : Pancho Properties Pty Limited v Wingecarribee Shire Council [2004] NSWLEC 620 APPLICANT Pancho Properties Pty Limited PARTIES : RESPONDENT Wingecarribee Shire Council FILE NUMBER(S) : 10071C of 1998; 10072A of 1998; 10138 of 1999 CORAM: Talbot J KEY ISSUES: Costs :- matter determined in class 1 on issue whether jurisdictional fact established - takes on character of ordinary litigation for costs purposes. LEGISLATION CITED: Land and Environment Court Rules, Part 16, Rule 4(2) Wingecarribee Local Environmental Plan 1989 cl 13(4), cl 23 Broadwater Action Group Inc v Richmond Valley Council and Another (No.2) (2003) 129 LGERA 401 ; CASES CITED: Gee v Port Stephens Council (2003) 131 LGERA 325; Gibson v Mosman Municipal Council (2001) 116 LGERA 397 ; Nahum v North Sydney Municipal Council (1984) 83 LGERA 200 DATES OF HEARING: 28/10/04 DATE OF JUDGMENT: 11/09/2004

(2003) 129 LGERA 401

(2003) 131 LGERA 325

(2001) 116 LGERA 397

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