Corowa and Ors; Donnelly and Anor. v Donnelly & Anor; Caparicornia Prospecting Pty Ltd [2000] NSWLEC 286

Land and Environment Court of New South Wales

CITATION : Corowa and Ors; Donnelly and Anor. v Donnelly & Anor; Caparicornia Prospecting Pty Ltd [2000] NSWLEC 286 APPLICANTS: Corowa & Ors; Donnelly & Anor. PARTIES : RESPONDENTS: Donnelly and Anor; Capricornia Prospecting Pty Ltd FILE NUMBER(S) : 30236 of 1999; 40243 of 1998 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- Re-opening of concluded proceedings LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/12/2000 EX TEMPORE 12/19/2000 JUDGMENT DATE :

APPLICANTS: Mr A Oshlack, Agent

SOLICITORS N/A LEGAL REPRESENTATIVES: 1ST-2ND RESPONDENTS: Ms J Hughes, Solicitor

SOLICITORS Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

19 December 2000

30236 of 1999 R COROWA & P STANFORD v THE WATER ADMINISTRATION MINISTERIAL CORPORATION & CAPRICORNIA PROSPECTING PTY LIMITED

40243 of 1998 A DONNELLY v CAPRICORNIA PROSPECTING PTY LTD

JUDGMENT

HIS HONOUR

INTRODUCTION 1. This is a Motion to re-open related class 3 and class 4 proceedings which were concluded in this Court on 17 November 2000 when judgment in each case was reserved. The hearings, which followed one another and involved the joint reception of evidence common to both sets of proceedings, occupied some 15 sitting days.

2. The class 3 proceedings involve a reference by the Minister to the Court, under the Water Act, for investigation and report into a water licence application made by the gold mine companies. The proceedings, because of objections raised to the grant of the water licence, came before the Local Land Board in 1998 or 1999 when the chairman of the board referred the matter to the Court without completing the hearing. The matter was not heard by the Court until October and November 2000, notwithstanding the earlier reference in the early stages of which the gold mining companies raised objection to the Court's jurisdiction.