Donnelly and Anor. v Ross Mining and Ors. [2000] NSWLEC 189

Land and Environment Court of New South Wales

CITATION : Donnelly and Anor. v Ross Mining and Ors. [2000] NSWLEC 189 APPLICANTS: Donnelly and Anor. PARTIES : RESPONDENTS: Ross Mining and Ors. FILE NUMBER(S) : 40164 of 1998 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- discharge of interim injunction pending final judgment in expedited proceedings. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 23/08/00 EX TEMPORE 08/23/2000 JUDGMENT DATE :

APPLICANTS: Mr A Oshlack, Agent SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENTS: Ms J Hughes, Solicitor SOLICITORS Phillips Fox

JUDGMENT: IN THE LAND AND Matter No . 40164 of 1998 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 23 August 2000

ANDREW DONNELLY AND DAVID MUNDINE

Applicants

v

ROSS MINING NL

First Respondents

CAPRICORNIA PROSPECTING PTY LTD

Second Respondents

TENTERFIELD SHIRE COUNCIL

Third Respondent

DIRECTOR-GENERAL NATIONAL PARKS AND WILDLIFE SERVICE

Fourth Respondent

TIMBARRA GOLD MINES PTY LTD

Fifth Respondent

JUDGMENT

Bignold J:

1. The reason why I propose to discharge the interim injunction is that a month will have elapsed since the final hearing was commenced on 24 July 2000. The hearing occupied some 11 hearing days (instead of the anticipated 5 days) and in the event, was not concluded until 10 August 2000, when judgment was reserved.

2. At the conclusion of the hearing, Senior Counsel for the first to fourth Respondents applied to have the interim injunction immediately discharged (on the basis that I had now heard the whole of the evidence in the case and was in a far better position to evaluate the competing cases than I was on the interlocutory stages). On that occasion, I declined to discharge the injunction but indicated that I would review the application on Friday the following week 18 August 2000, recognising the need for urgency in the finalisation of the case.