Willoughby City Council - v - Sydney Water Corporation [1999] NSWLEC 131

Land and Environment Court of New South Wales CITATION: Willoughby City Council - v - Sydney Water Corporation [1999] NSWLEC 131

PARTIES APPLICANT: Willoughby City Council

RESPONDENT: Sydney Water Corporation

NUMBER: 40091 of 1999

CORAM: Lloyd J

KEY ISSUES: Construction & Interpretation :- approval under Pt 5 EPA Act

LEGISLATION CITED: Environmental Planning & Assessment Act 1979, s115A(1); s115B Sydney Water Act 1994, s38, s40, s41

DATES OF HEARING: 05/20/1999

DATE OF JUDGMENT DELIVERY: 06/10/1999

APPLICANT: P Larkin SOLICITORS: Cowley Hearne

LEGAL REPRESENTATIVES: RESPONDENT: B Walker SC WITH: B J Preston SOLICITORS: Allen Allen & Hemsley

JUDGMENT: IN THE LAND AND Matter No: 40091 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 10/06/99

Willoughby City Council Applicant

v Sydney Water Corporation Respondent

JUDGMENT

HIS HONOUR:

1. This is the separate determination of two preliminary questions in proceedings brought by the applicant in relation to the construction by the respondent of a major public work known as the Northside Storage Tunnel project. The power of the Court to determine any question separately from any other question arises from the Supreme Court Rules , Pt 31 r 2 (which applies in this Court by force of the Land & Environment Court Rules Pt 6 r 1). On 19 May 1999 Talbot J made an order by consent that the questions now before me be determined separately from the remaining questions in the case.