Donnelly & Anor - V - Capricornia Prospecting Pty Ltd & Ors [1999] NSWLEC 39

Land and Environment Court of New South Wales CITATION: Donnelly & Anor - V - Capricornia Prospecting Pty Ltd & Ors [1999] NSWLEC 39

PARTIES APPLICANT: DONNELLY & ANOR

RESPONDENT: CAPRICORNIA PROSPECTING PTY LTD & ORS

NUMBER: 40243 of 1998 of 1999

CORAM: Lloyd J

KEY ISSUES: :- Costs - security for Discretion not to declare party vexatious litigant

LEGISLATION CITED: Costs - security for Discretion not to declare party vexatious litigant

DATES OF HEARING: 02/18/1999; 02/19/1999; 03/22/1999

DATE OF JUDGMENT DELIVERY: 03/05/1999

APPLICANT: A Oshlack (agent)

RESPONDENT: LEGAL REPRESENTATIVES: First, Second and Third respondents: C Ireland (s) and T Holden (s) Solicitors: Blake Dawson Waldron Fourth respondent: J Maston Solicitors: Taylor Kelso

JUDGMENT: Background

1. The applicants have commenced proceedings for a number of declarations and orders relating to the validity of a development consent granted under the Environmental Planning & Assessment Act 1979 for a proposed water pump and pipeline; and the validity of a water permit granted under Division 3B of Part 2 of the Water Act 1912. The development consent and water permit are to enable the pumping of water from Nelson Creek for the Timbarra Gold Mine on Mining Lease 1386 granted to the first respondent and on Mining Lease 1426 granted to the second respondent. The applicants also seek an order that leave be granted to them pursuant to the Environmental Offences & Penalties Act 1989, s 25, to bring proceedings to restrain a breach of the Water Act .