Wadi Wadi Coomaditchi Aboriginal Corporation v Stockland (Constructors) Pty Ltd [2002] NSWLEC 105

Land and Environment Court of New South Wales

CITATION : Wadi Wadi Coomaditchi Aboriginal Corporation v Stockland (Constructors) Pty Ltd [2002] NSWLEC 105 revised - 3/07/2002 APPLICANT Wadi Wadi Coomaditchi Aboriginal Corporation PARTIES : RESPONDENT Stockland (Constructors) Pty Ltd FILE NUMBER(S) : 0301 of 2002 CORAM: Talbot J KEY ISSUES: Aboriginal :- construction of consent to destroy relics Interlocutory Relief :- no serious questions to be tried LEGISLATION CITED: National Parks and Wildlife Act 1974, s 5, s 90 CASES CITED: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 DATES OF HEARING: 27/06/2002 DATE OF JUDGMENT: 06/28/2002

APPLICANT Ms Waratah (Barrister) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT Mr M G Craig QC SOLICITORS Baker & McKenzie

JUDGMENT: IN THE LAND AND Matter No. 0301 of 2002 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 28 June 2002

Wadi Wadi Coomaditchi Aboriginal Corporation Applicant v Stockland (Constructors) Pty Ltd Respondent

REASONS FOR JUDGMENT

1. The applicant in these proceedings is seeking interlocutory relief to restrain the respondent company from engaging in any form of excavation or earth moving work in the area of what is said to be a 4,000 year old tool making site at Sandon Point North of Wollongong, and further that it be restrained from removing any of the soil in the stockpile of earth taken from the site until such times that the whole of the stockpile has been thoroughly examined by Aboriginal Sites Officers for relics.