Sumar Produce Pty Ltd v Griffith City Council [2000] NSWLEC 104

Land and Environment Court of New South Wales

CITATION : Sumar Produce Pty Ltd v Griffith City Council [2000] NSWLEC 104 APPLICANT: Sumar Produce Pty Ltd PARTIES : RESPONDENT: Griffith City Council FILE NUMBER(S) : 10705 of 1999; 11121 of 1999 CORAM: Talbot J KEY ISSUES: Orders :- noise control notice Costs :- class one - not a re-hearing LEGISLATION CITED: Protection of the Environment Operations Act 1997 s 252, s 264, s 265, s 266 Land and Environment Court Act 1979 s 69(2) CASES CITED: Latoudis v Casey (1991) 170 CLR 534; Oshlack v Richmond River Council (1998) 193 CLR 72 DATES OF HEARING: 01/06/2000 DATE OF JUDGMENT: 06/07/2000

APPLICANT: Mrs J C Kelly (Barrister) SOLICITORS: Commins Hendriks LEGAL REPRESENTATIVES: RESPONDENT: Mr A M Hawkes (Solicitor) SOLICITORS: Pike Pike & Fenwick

JUDGMENT:

IN THE LAND AND Matter No. 10705 of 1999 ENVIRONMENT COURT And: 11121 of 1999 OF NEW SOUTH WALES Coram: Talbot J Decision Date: 7 June, 2000

Sumar Produce Pty Ltd Applicant v Griffith City Council Respondent

REASONS FOR JUDGMENT

1. Both parties have had the opportunity to consider the reasons for judgment published in this matter on 11 May 2000. On 1 June 2000 they both made final submissions in relation to the form of the final orders, the terms of the proposed noise control notice and costs.