COUNCIL OF CASINO v ELJO PTY LTD and ANOR [1994] NSWCA 67

COUNCIL OF CASINO vy ELJO PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL PRIESTLEY JA 7 November 1994

[1994] NSWCA 67

Priestley JA The very bare bones of this case are that the Council of the Municipality of Casino obtained a declaration from Young J on 4 February 1993 prohibiting Eljo Pty Ltd and Solo Waste Australia Pty Ltd trading as Richmond Waste from collecting and disposing of all trade refuse, container garbage, depot rubbish, (night soil) or waste products within the Municipality of Casino on or after 24 August 1992, other than useful and saleable materials which do not represent a threat to health, safety or convenience. Having made that declaration, Young J ordered that the two companies be restrained from collecting and disposing of the waste as defined in the declaration, subject to the exception as defined in the declaration.

The declaration and orders had been obtained by the Council after proceedings based on the Local Government Act as it stood in 1992 and 1993.

As from 1 July 1993 a new Local Government Act came into operation which dealt with the subject matter which had given rise to the proceedings which culminated in the declaration and orders I have mentioned in a different way from that in which the preceding Act had dealt with it.

The two companies then applied to the Council for consent to act in the business of waste collection and disposal. The Council refused the application. An appeal was taken to the Land and Environment Court and in early October 1944 Justice Bignold upheld the appeal.

An appeal has been filed by the Council whose name has now apparently changed to the "Council of Casino" against his Honour's decision. The Council has applied today for a stay of Justice Bignold's orders pending the result of the appeal.

Representatives of both sides of the record have put to the Court their opposing contentions as to the propriety and practicality of the granting of the Council's application.