AVERINE BEATRIX JUSTELIUS v. PITTWATER COUNCIL [1998] NSWLEC 239 (18 September 1998) [1998] NSWLEC 20

AVERINE BEATRIX JUSTELIUS v. PITTWATER COUNCIL [1998] NSWLEC 239 (18 September 1998) [1998] NSWLEC 20

Because Mrs Justelius accepted notice, agreed that Council could enter the land on 23 September 1998, and the parties reached a practical arrangement for removal of the vehicles, the relief sought in both motions was unnecessary. Although Council was justified in bringing its motion, Mrs Justelius's cooperation and the practical resolution made it inappropriate to order costs against her, so both motions were dismissed with no order as to costs.

Jurisdiction
Australia
Judgment Date
18 September 1998
Procedural Posture
Land and Environment Court Proceedings Concerning Notices of Motion / Ex Tempore Judgment on Two Motions
Outcome
Both motions dismissed; no order as to costs; orders made on 24 July 1998 remain in force.
Legal Topics
['enforcement of Court Orders' 'entry Onto Land' 'removal of Vehicles' 'costs' 'notice of Motion']
['local Government' 'land and Environment' 'civil Procedure'] ['enforcement of Court Orders' 'entry Onto Land' 'removal of Vehicles' 'costs' 'notice of Motion']

Case Brief

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Procedural Posture

Land and Environment Court Proceedings Concerning Notices of Motion / Ex Tempore Judgment on Two Motions

Legal Issues

  1. 1 ["Whether Mrs Justelius's motion seeking to extend time should be dealt with or granted." "Whether Pittwater Council's motion filed on 14 September 1998 should be dealt with or granted." 'Whether any order for costs should be made.']

Ratio Decidendi

Because Mrs Justelius accepted notice, agreed that Council could enter the land on 23 September 1998, and the parties reached a practical arrangement for removal of the vehicles, the relief sought in both motions was unnecessary. Although Council was justified in bringing its motion, Mrs Justelius's cooperation and the practical resolution made it inappropriate to order costs against her, so both motions were dismissed with no order as to costs.

Court Disposition

Both motions dismissed; no order as to costs; orders made on 24 July 1998 remain in force.

Orders

  • ["No orders in respect of Mrs Justelius's motion in proceedings number 20001A of 1996; that motion is dismissed." "Pittwater Council's motion filed on 14 September 1998 is dismissed." 'No order for costs.' 'The orders made by the Court on 24 July 1998 remain in force.']