2. To note the Objector is represented  pro bono by his agent Tom McLoughlin currently an applicant to the NSW Law Society for sole practitioner status.  A resume of the agent is attached to the Ojector’s affidavit filed in the court with this motion.

3. To note the Objector has filed with this notice of motion an affidavit with evidence of distinctive issues to be addressed, policy concerns regarding justice and public interest,  to support this application.

4. To note the Objector relies inter alia on precedents provided to us by the principal of the Environmental Defenders Office namely:

·         Kavia Holdings Pty Ltd v Sydney City Council [2003] NSWLEC 195

·          Pro-Vision Developments Pty Ltd v Ku-Ring-Gai Municipal Council [2003] NSWLEC 226  case

·         Deancliff Developments Pty Ltd v Hornsby Shire Council  [2004] NSWLEC 769

·         Mahogany Ridge Developments Pty Ltd v Port Stephens Council [2004] NSWLEC 555

·         Meriton Apartments Pty Ltd v Fairfield City Council (no.2) [2005] NSWLEC 121

6. That the Objector be heard at a later date on costs of the court appointed expert Anthony Lane (CAE) on the basis that Gosford City Council have previously consented to pay the community’s share of such costs in previous related proceedings on this same development and are likely to do so again. Other considerations will also be submitted including that the court can properly exercise it’s discretion not to award costs in public interest cases.

7. That each party and the Objector/party pay its own costs in relation to this notice of motion.

_________________________

Tom McLoughlin, agent for the Objector/Neville Diamond.

TO:

David Kettle, C/- Yvonne McKay, Coca Cola Amatil (Aust) Pty. Limited, 71 Circular Quay East, Sydney NSW 2000

:Gosford City Council, via P. J. Donnellan & Co, Solicitors 91-99 Mann St GOSFORD NSW 2250 DX 7206 GOSFORD tel. 4324 3988, 4323 1623, by their city agents: Wiltshire Webb 379 Kent St SYDNEY NSW 2000, DX 13027 Syd Market St Tel. 9299 3311

The Objector Neville Diamond’s address for service via his agent:

C/- Tom McLoughlin, Ecology Action Sydney

Email:

Tel.  

 2204