Williams v Homestake Australia Limited and Ors. [2002] NSWLEC 155

Reported Decision : 122 LGERA 319

Land and Environment Court of New South Wales

CITATION : Williams v Homestake Australia Limited and Ors. [2002] NSWLEC 155 APPLICANT: Williams PARTIES : RESPONDENTS: Homestake Australia Limited and Ors. FILE NUMBER(S) : 40010 of 2002 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Order for inspection of property and relics. LEGISLATION CITED: Supreme Court Rules Part 25 Rule 8 National Parks and Wildlife Act 1974 ss 85 and 87 CASES CITED: DATES OF HEARING: 14 August 2002 DATE OF JUDGMENT: 09/11/2002

APPLICANT: Mr A Oshlack, Agent SOLICITORS N/A

LEGAL REPRESENTATIVES: RESPONDENTS: 1st Respondent Mr M Brennan, Solicitor 2nd Respondent Mr C Ireland, Solicitor SOLICITORS 1st Respondent Blake Dawson Waldron 2nd Respondent Blake Dawson Waldron

JUDGMENT:

IN THE LAND AND Matter No. 40010 of 2002 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 11 September 20002

NEVILLE WILLIAMS

Applicant

v

HOMESTAKE AUSTRALIA LIMITED ACN 007 857 598

First Respondent

BARRICK GOLD OF AUSTRALIA LIMITED ACN 007 143 137

Second Respondent

DIRECTOR-GENERAL NATIONAL PARKS AND WILDLIFE SERVICE

Third Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. By Notice of Motion filed 6 August 2002, the Applicant seeks an order setting aside an interlocutory order made by the Court on 12 July 2002 for inspection of property and a substitute order permitting inspection of property by the Applicant and others including the Applicant's consulting archaeologist.