Weal v Bathurst City Council and Anor [2000] NSWLEC 51

Reported Decision : 107 LGERA 396

Land and Environment Court of New South Wales

CITATION : Weal v Bathurst City Council and Anor [2000] NSWLEC 51 APPLICANT: Weal PARTIES : RESPONDENT: Bathurst City Council and Anor FILE NUMBER(S) : 40179 of 1998 CORAM: Bignold J KEY ISSUES: Practice & Procedure :- Power of Court to make "Mareva" order post judgment in aid of enforcement of costs order LEGISLATION CITED: Land and Environment Court Act 1979 s 23 Jackson v Sterling Industries Ltd (1987) 162 CLR 612· Cardile v LED Builders Pty Ltd (1999) 73 ALJR 657; CASES CITED: Pelechowski v Registrar Court of Appeal (1999) 73 ALJR 687; Farrell v Dayban Pty Ltd (1989) 69 LGRA 415; Frigo v Culhaci (1998) NSWSC 393 (17 July 1998) DATES OF HEARING: 13/03/00 DATE OF JUDGMENT: 03/15/2000

APPLICANT: Mr T Hale SC with Mr E A White SOLICITORS: Writer Ryan Boesen LEGAL REPRESENTATIVES: SECOND RESPONDENT: Mr Parry, Barrister SOLICITORS; Houston Dearn O'Connor

JUDGMENT: IN THE LAND AND Matter No . 40179 of 19983 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 15 March 2000

WILLIAM JAMES WEAL

Applicant

v

BATHURST CITY COUNCIL

First Respondent

TWENTIETH SUPER PACE NOMINEES PTY LIMITED trading as SPECIALIZED CONTAINER TRANSPORT (ACN 005 855 327)

Second Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. This is a Notice of Motion filed by the second Respondent seeking a Mareva order against the Applicant in class 4 proceedings which challenged the validity of a development consent granted by the first Respondent to the second Respondent and which proceedings were concluded by my judgment delivered on 11 June 1999 dismissing the proceedings.