Nicholas Vassiliadis v. Mosman Municipal Council [1998] NSWLEC 83

Nicholas Vassiliadis v. Mosman Municipal Council [1998] NSWLEC 83

Failure of the Second Respondents to keep the Applicant informed led to litigation, which could have been avoided if communication had occurred earlier. As relief was achieved only as a result of the proceedings, the Applicant is entitled to an order for costs from the Second Respondents.

Jurisdiction
Australia
Judgment Date
03 November 1998
Procedural Posture
Class 4 Application / Judgment
Outcome
Proceedings dismissed; costs awarded to Applicant; undertaking by Second Respondents noted.
Legal Topics
['building Approval' 'demolition Orders' 'costs']
['planning and Environment'] ['building Approval' 'demolition Orders' 'costs']

Case Brief

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Procedural Posture

Class 4 Application / Judgment

Legal Issues

  1. 1 ['Whether Building Approval No 563/95 issued by the Council was invalid' 'Whether orders should be made for demolition or removal of structures' 'Entitlement to costs']

Ratio Decidendi

Failure of the Second Respondents to keep the Applicant informed led to litigation, which could have been avoided if communication had occurred earlier. As relief was achieved only as a result of the proceedings, the Applicant is entitled to an order for costs from the Second Respondents.

Court Disposition

Proceedings dismissed; costs awarded to Applicant; undertaking by Second Respondents noted.

Orders

  • ['The proceedings be dismissed.' "The Second Respondents pay the Applicant's costs." 'The Court notes the undertaking by the Second Respondents to pursue application to the First Respondent No D8.1998.689.1 for approval to demolish a section of concrete block wall and to demolish and remove the said wall within...