NSW Caselaw
> Land and Environment Court of New South Wales
CITATION : Hunter Ecologically Sustainable Employment Group Inc. v HEZ Pty Limited & Ors [2003] NSWLEC 357 PARTIES : Hunter Ecologically Sustainable Employment Group Inc (Appl) HEZ Pty Limited (1R) FILE NUMBER(S) : 40325/03; 41046 of 2003 CORAM: McClellan CJ Practice and Procedure :- Security for costs Respondent seeking security from voluntary association which challenged development consent KEY ISSUES: Effect of decision in Plumb v Penrith City Council in relation to species impact statements Not appropriate to order security pending determination of whether proceedings lawfully authorised LEGISLATION CITED: Threatened Species Conservation Act 1995 Environmental Planning and Assessment Act Sofi v Wollondilly Shire Council [1975] 2 NSWLR 614; 31 LGRA 416; CASES CITED: K P Cable Investments Pty Ltd v Meltglow Pty Limited (1995) 56 FCR 189; Melville v Craig Nowlon & Associates Pty Limited (2002) 54 NSWLR 82 ; Plumb v Penrith City Council & Or (2002) NSWLEC 223 DATES OF HEARING: 26 September 2003 EX TEMPORE JUDGMENT DATE : 09/26/2003
A McKelvey ( A/R on motion for security) P J Donnellan & Co (Sol - A/R on motion) LEGAL REPRESENTATIVES: D R Parry (1R/A on motion for security) Sparke Helmore (Sol - 1R/A on motion for security)
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 40325/03 41046/03
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