Razorback Environment Protection Society Inc - V - Wollondilly Council & Anor [1999] NSWLEC 8

Land and Environment Court of New South Wales CITATION: Razorback Environment Protection Society Inc - V - Wollondilly Council & Anor [1999] NSWLEC 8

PARTIES Applicant Razorback Environment Protection Society Inc.

Respondent Wollondilly Council & Anor

NUMBER: 40132 of 1998

CORAM: Lloyd J

KEY ISSUES: :- Security for costs Relevant principles

LEGISLATION CITED: Security for costs Relevant principles

DATES OF HEARING: 12/14/1998

DATE OF JUDGMENT DELIVERY: 02/05/1999

Applicant P R Clay(i/b Verekers)

First Respondent LEGAL REPRESENTATIVES: J E Robson (i/b Abbott Tout) Second Respondent D R Parry (i/b Marsdens)

JUDGMENT:

1. By separate Notices of Motion each respondent respectively seeks orders that the applicant provide security for their costs of the proceeding.

2. The applicant brings the proceedings pursuant to s 123 of the Environmental Planning & Assessment Act 1979 ("the Act"), which enables any person to bring proceedings in the Court to remedy or restrain a breach of the Act, whether or not any right of that person has been or may be infringed by or as a consequence of that breach. The applicant claims a declaration that a development consent granted under s 92 of the Act (now s 80(1)) for the subdivision of land is void and a further declaration that a deferred commencement consent granted under s 91AA of the Act (now s 80(3)) for the subdivision of land is void.