NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Andrew Donnelly v Delta Gold Pty Limited and Ors. [2002] NSWLEC 44 revised - 14/05/2002 APPLICANT: Andrew Donnelly PARTIES : RESPONDENTS: Delta Gold Pty Limited and Ors.
FILE NUMBER(S) : 40098 of 2000 CORAM: Bignold J KEY ISSUES: Costs :- class 4 proceedings - Exercise of statutory discretion - relevant public interest considerations justify a department from the usual rule reflecting the compensatory principle LEGISLATION CITED: Land and Environment Court Act 1979, s 69 Protection of the Environment Operations Act 1997, ss 58, 252 and 253 CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72; Save The Showground For Sydney Inc v The Minister for Urban Affairs and Planning (1998) 105 LGERA 354 DATES OF HEARING: 13 November 2001 DATE OF JUDGMENT: 03/27/2002
APPLICANT: Mr P Larkin, Barrister SOLICITORS Environmental Defender's Office
RESPONDENTS: LEGAL REPRESENTATIVES: 1-4th Respondents Mr D Miller, Barrister Fifth Respondent Mr C Leggatt, Barrister SOLICITORS 1-4th Respondents Phillips Fox Fifth Respondent Solicitor Environment Protection Authority
JUDGMENT:
IN THE LAND AND Matter No. 40098 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 27 March 2002
ANDREW DONNELLY
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