Donnelly and Anor v Capricornia Prospecting Pty Ltd and Ors [2001] NSWLEC 249

Land and Environment Court of New South Wales

CITATION : Donnelly and Anor v Capricornia Prospecting Pty Ltd and Ors [2001] NSWLEC 249 PARTIES : FILE NUMBER(S) : 40243 of 1998 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Refund of money held as security for costs to successful applicant-Refund opposed by Respondents LEGISLATION CITED: Woods v Walsh (1989) 22 FCR 204; CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72; O'Keefe Nominees Pty Ltd v B P Australia Ltd (No 2) (1995) 55 FCR 591; The Bernisse and The Elve (1920) P1 DATES OF HEARING: 24 and 25 October 2001 EX TEMPORE JUDGMENT DATE : 10/25/2001

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. 40243 of 1998 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 25 October 2001

DONNELLY AND ANOR

Applicants

v

CAPRICORNIA PROSPECTING PTY LTD AND ORS

Respondents

JUDGMENT

Bignold J:

1. This is a Notice of Motion originally brought by the Applicants on 15 August 2001 seeking the refund of the remaining amount of money deposited with the Court as security for the first to third Respondents costs in the proceedings.

2. In my judgment delivered on 31 August 2001 (2001) NSWLEC 203 I declined to grant the relief claimed in the Notice of Motion for the reasons therein stated. However, I adjourned the Motion for mention on 12 September 2001 being the date that I anticipated giving my final judgment in the proceedings. As it happened, final judgment in the class 4 proceedings was delivered on 21 September 2001. In that judgment (2001) NSWLEC 225, the Applicants were successful in obtaining the principal declaratory and injunctive relief claimed.