BOB BLACKMORE PTY LIMITED v THE ANSON BAY COMPANY (AUSTRALIA) PTY LIMITED [1989] NSWCA 21

BOB BLACKMORE PTY LIMITED v THE ANSON BAY COMPANY (AUSTRALIA) PTY LIMITED

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, CLARKE and MEAGHER JJA 17 April 1989, 18 April 1989, 18 April 1989 [1989] NSWCA 21

Land and Environment Court — jurisdiction conferred by Land and Environment Act s20 and s22 — application for declarations and injunctions in relation to alleged breaches of planning laws application amended to include declarations as to determination and breach of licence agreement — jurisdiction of Land and Environment Court to make such declarations — relevance of licence and/or breaches to exercise of admitted jurisdiction application to prohibit Land and Environment Court from proceeding with application in respect of licence and related matters — discussion of jurisdiction of Land and Environment Court — application refused. ORDERS Summons dismissed with costs save that no order be made as to costs of the Lake Macquarie City Council.

Hope JA The Anson Bay Company (Australia) Pty Limited instituted proceedings against Bob Blackmore Pty Limited and Doug Blakemore (Excavations) Pty Limited in the Land and Environment Court seeking orders which fell within the jurisdiction conferred by s20 of the Land and Environment Court Act.

The proceedings were subsequently amended on the application of Lake Macquarie City Council to have that council joined as an applicant in the proceedings. More recently an application was made to amend the application to include, among other things, a request for the making of declarations in relation to a licence agreement which is either current or was previously current between the Anson Bay Company (Australia) Pty Limited on the one hand and Bob Blakemore Pty Limited and Doug Blakemore (Excavations) Pty Limited on the other hand.

The original declarations which were sought were directed to whether the use of certain land within the area of the Lake Macquarie City Council was prohibited under the provisions of the Lake Macquarie Local and Environmental Plan 1984 as amended, and also to whether what was being done was a lawful existing use for relevant purposes. The relief originally sought also included an order restraining Bob Blakemore Pty Limited and Doug Blakemore (Excavations) Pty Limited from using or permitting the use of the land for purposes relating to quarrying and mining which was then being carried on upon the land.