Campbelltown City Council v Simon's Earthworks Pty Ltd [2000] NSWLEC 225

Land and Environment Court of New South Wales

CITATION : Campbelltown City Council v Simon's Earthworks Pty Ltd [2000] NSWLEC 225 APPLICANT: Campbelltown City Council PARTIES : RESPONDENT: Simon's Earthworks Pty Ltd FILE NUMBER(S) : 40096 of 2000 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- Injunctive relief - interlocutory and permanent relief claimed in proceedings commenced after unlawful activity has ceased. No justification for any relief. Each party should pay its own costs - the Applicant because it failed to obtain any relief in the proceedings and the Respondent because it by its prior conduct brought the proceedings upon itself. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Protection of the Environment Operations Act 1997 CASES CITED: DATES OF HEARING: 7 July 2000 EX TEMPORE 07/07/2000 JUDGMENT DATE :

APPLICANT: Mr D Wilson, Barrister SOLICITORS Marsdens LEGAL REPRESENTATIVES: RESPONDENT: Mr D Newhouse, Barrister SOLICITORS L P Alidenes & Co

JUDGMENT: IN THE LAND AND Matter No . 40096 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 7 July 2000

CAMPBELLTOWN CITY COUNCIL

Applicant

v

SIMON'S EARTHWORKS PTY LTD

Respondent

JUDGMENT

Bignold J:

1. This is an application for interlocutory relief in Class four proceedings filed in Court on 30 June 2000. The permanent relief claimed in those proceedings included both declaratory and prohibitory injunctive and mandatory injunctive relief against the Respondent in respect of its use of premises known as number 3 Bosci Road, Ingleburn, being Lot 304 in Deposited Plan 807937, the relevant use being the receiving and storing on the premises of waste material contrary to the Environmental Planning and Assessment Act 1979 (EP&A Act) and the Protection of the Environment Operations Act 1997 (PEO Act).