Fitzpatrick Investments Pty Limited v The Director-General of the Department of Environment and Conservation [2005] NSWLEC 271

Land and Environment Court of New South Wales

CITATION : Fitzpatrick Investments Pty Limited v The Director-General of the Department of Environment and Conservation [2005] NSWLEC 271

APPLICANT: Fitzpatrick Investments Pty Limited PARTIES : RESPONDENT: The Director-General of the Department of Environment and Conservation

FILE NUMBER(S) : 11358 of 2004

CORAM: Pain J

KEY ISSUES: Practice and Procedure :- notice to produce - whether relevant to a fact in issue

Land and Environment Court Rules 1996 Pt 6 r 1 LEGISLATION CITED: Supreme Court Rules 1970 Pt 23 r 2 Threatened Species Conservation Act 1995 s 91

CASES CITED: Mulley v Manifold (1959) 103 CLR 341

DATES OF HEARING: 09/03/2005 EX TEMPORE JUDGMENT DATE : 03/09/2005

APPLICANT: Mr R Beasley (barrister) SOLICITORS: Minter Ellison LEGAL REPRESENTATIVES: RESPONDENT: Ms M England (solicitor) SOLICITORS: State Crown Solicitor's Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

9 March 2005

11358 of 2004 Fitzpatrick Investments Pty Limited v The Director-General of the Department of Environment and Conservation

EX TEMPORE JUDGMENT

1 Her Honour: This matter concerns a Class 1 application relating to the refusal of an application for a license to harm or pick threatened species, populations or ecological communities made under s 91 of the Threatened Species Conservation Act 1995. That refusal was made by the Respondent, the Director-General of the Department of Environment and Conservation.