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[2001] NSWLEC 210
Land and Environment Court (NSW)
1997-11-28
Bignold J, Mr J
Original judgment source is linked above.
The Applicant shall pay the Respondent's costs of the proceedings (except for costs incurred in connection with the Respondent's cross-claim for the removal of the Applicant's encroachment upon the Respondent's land) on a party and party basis in the sum agreed, or failing agreement, as assessed.
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Wherry
Trustees of the Sisters of Charity of Australia
CITATION : Wherry v Trustees of the Sisters of Charity of Australia [2001] NSWLEC 210 APPLICANT: Wherry PARTIES : RESPONDENT: Trustees of the Sisters of Charity of Australia FILE NUMBER(S) : 30302 of 1999 CORAM: Bignold J KEY ISSUES: Costs :- Respondent wholly successful in resisting Applicant's claims to compensation-Respondent obtaining by concession easement for support in respect of encroachment-Whether usual principle that costs follow the event should apply-Indemnity costs in respect of "Calderbank" letter. LEGISLATION CITED: Encroachment of Buildings Act 1922 Byron Shire Council v Vaughan (No 3) 2001 NSWLEC 102; Droga v Proprietors of Strata Plan 51722 (LEC Unreported 28 November 1997); Hardie v Cuthbert (1988) 65 LGRA 5; CASES CITED: Hofer v Howell (2001) 113 LGERA 391; Kostis v Devitt (1979) BPR 97020; Latoudis v Casey (1990) 170 CLR 534; MGICA (1992) Pty Ltd v Kenny and Good Pty Ltd (No 2) (1996) 70 FCR 236; Morris v Thomas (1991) 73 LGRA 164 DATES OF HEARING: 6 September 2001 DATE OF JUDGMENT: 09/11/2001
(2001) 113 LGERA 391
(1990) 170 CLR 534
(1996) 70 FCR 236