› application by council for access to property for the purpose of inspection in order to finalise evidence
› application opposed on the basis that council had inspected the property earlier and taken photographs
› whether further evidence required and therefore access and inspection warranted
› evidence required to ascertain present state of works on the property compared to state of works as at the time the statement of charge was filed.
COSTS: whether council ought to be awarded its costs of the motions
› costs follow the event in Class 4 and council was successful on the motion
› in respect of the Class 1 proceedings it is fair and reasonable that the council be awarded its costs given the unreasonable conduct of the contemnor in respect of facilitating access to the property for the purpose of inspection.
Case Details
Citation[2022] NSWLEC 116
CourtNSWLEC
JurisdictionNew South Wales
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