Hurstville City Council v Jacobs & Anor (No 4)

Land and Environment Court New South Wales Medium Neutral Citation: Hurstville City Council v Jacobs & Anor (No 4) [2015] NSWLEC 208 Hearing dates:14 December 2015Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction:Class 1Before: Moore AJ Decision: See [20] Catchwords: COSTS – basis for payment – gross sum order – deferred liability date Legislation Cited: Civil Procedure Act 2005 Cases Cited: Hurstville City Council v Jacobs (No 3) 2015 NSWLEC 194 Latoudis v Casey (1990) 170 CLR 534 Baulkham Hills Shire Council v Hahn [2008] NSWLEC 184 Newcastle City Council & Anor v Wieland & Anor [2009] NSWCA 113, 74 NSWLR 173 Category:CostsParties: Hurstville City Council (Applicant) Kevin Roy Jacobs (First Respondent) Estate of Ronald John Jacobs (Second Respondent) Representation: Counsel: Mr M Cottom, Solicitor (Applicant) Mr P Baker, Solicitor (First Respondent) Submitting Appearance (Second Respondent)   Solicitors: HWL Ebsworth Lawyers (Applicant) Peter Baker Solicitor (First Respondent) File Number(s):40060 of 2015Publication restriction:NoJudgment HIS HONOUR: The proceedings between Hurstville City Council (the Council) and Mr Kevin Jacobs (First Respondent) and the Estate of the Late Ronald Jacobs (Second Respondent) have been proceeding for some considerable period of time. The Second Respondent, early in the proceedings, filed a submitting appearance (save as to costs) and has played no active role. The matter has come before several members of the Court: me as the List Judge on several occasions and, most recently, before Craig J who dealt with the substantive issues in Hurstville City Council v Jacobs (No 3) 2015...