Blacktown City Council v Wilkie and Ors [2001] NSWLEC 162

Land and Environment Court of New South Wales

CITATION : Blacktown City Council v Wilkie and Ors [2001] NSWLEC 162 APPLICANT Blacktown City Council PARTIES : RESPONDENTS Wilkie and Ors FILE NUMBER(S) : 40025 of 2001 CORAM: Pearlman J KEY ISSUES: Interlocutory Relief :- injunction - environmental harm LEGISLATION CITED: CASES CITED: Blacktown City Council v Wilkie & (2) Ors [2001] NSWLEC 91 DATES OF HEARING: 10/07/2001 EX TEMPORE JUDGMENT DATE : 07/10/2001

APPLICANT Mr D R Parry (Barrister) SOLICITORS Houston Dearn O'Connor

FIRST RESPONDENT in person LEGAL REPRESENTATIVES: SOLICITORS N/A

SECOND AND THIRD RESPONDENTS Mr R W Killalea (Barrister) SOLICITORS Low & Associates

JUDGMENT:

IN THE LAND AND 40025 of 2001 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 10 July 2001

BLACKTOWN CITY COUNCIL Applicant v MISTY WILKIE First Respondent MARK REID trading as GRAVEYARD RECYCLING and THE GRAVEYARD RECYCLING Second Respondent GRAVEYARD RECYCLING PTY LTD Third Respondent

JUDGMENT

1. The application before me is for interlocutory relief.

2. The orders which are sought are threefold. They are set out in the amended class 4 application and I do not need to repeat them in full. It is sufficient if I say that the first order sought is that the first, second and third respondents cease using the premises for the purpose of a tip, waste management facility, garbage depot, recycling yard or like use. The second order sought is that the first, second and third respondents be restrained from causing, permitting or allowing the bringing of any soil, sand, gravel, bricks, other excavated or hard material or demolition material or any other waste onto the premises. Lastly an order for costs is sought.