NSW Caselaw
Reported Decision : 116 LGERA 264
Land and Environment Court of New South Wales
CITATION : Donnelly and Anor v Capricornia Prospecting Pty Ltd and Ors. [2001] NSWLEC 203 APPLICANTS: Donnelly and Anor. PARTIES : RESPONDENTS: Capricornia Prospecting Pty Ltd and Ors. FILE NUMBER(S) : 40243 of 1998 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Application for reduction in the amount of security for costs-Exercise of statutory discretion LEGISLATION CITED: Land and Environment Court Act 1979, s 69(5) CASES CITED: Brundza v Robbie & Co (No 2) (1952) 88 CLR 171 DATES OF HEARING: 30 August 2001 DATE OF JUDGMENT: 08/31/2001
APPLICANTS: Mr A Oshlack, Agent SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENTS: Ms J Hughes, Solicitor SOLICITORS Phillips Fox
JUDGMENT:
IN THE LAND AND Matter No. 40243 of 1998 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 31 August 2001
DONNELLY & ANOR
Applicants
v
CAPRICORNIA PROSPECTING PTY LTD
First Respondent
ROSS MINING N.L.
Second Respondent
TIMBARRA GOLD MINES PTY LTD ACN 009 088 359
Third Respondent
TENTERFIELD SHIRE COUNCIL
Fourth Respondent
THE WATER ADMINISTRATION MINISTERIAL CORPORATION
Fifth Respondent
JUDGMENT ON APPLICANTS' NOTICE OF MOTION
Bignold J:
1. By Notice of Motion filed in Court on 15 August 2001, the Applicants seek the following relief:
The amount of the security bond at the discretion of the Court be returned to the Applicants as soon as possible.
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