Williams v Pardoe and Ors [2004] NSWLEC 308

Land and Environment Court of New South Wales

CITATION : Williams v Pardoe and Ors [2004] NSWLEC 308 APPLICANT: Williams PARTIES : RESPONDENTS: Pardoe and Ors. FILE NUMBER(S) : 40626 of 2003 CORAM: Bignold J KEY ISSUES: Costs :- in class 4 proceedings-interlocutory hearing for interlocutory injunction-interlocutory injunction refused-subsequently final hearing concluded and judgment reserved. LEGISLATION CITED: Land and Environment Court Act, s 69(2) CASES CITED: Williams v Pardoe [2003] NSWLEC 363; Williams v Pardoe and Ors [2003] NSWLEC 150 DATES OF HEARING: 04/02/2004 DATE OF JUDGMENT: 06/21/2004

APPLICANT: Mr A Oshlack (Agent) SOLICITORS N/A

1ST-3RD RESPONDENTS LEGAL REPRESENTATIVES: Mr N Williams SC FOURTH RESPONDENT N/A

SOLICITORS Blake Dawson Waldron

JUDGMENT:

IN THE LAND AND Matter No: 40626 of 2002 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 21 June 2004

NEVILLE WILLIAMS

Applicant

v

COLIN PARDOE

First Respondent

BARRICK AUSTRALIA LIMITED

Second Respondent

BARRICK GOLD OF AUSTRALIA

Third Respondent

DIRECTOR-GENERAL OF NATIONAL PARKS AND WILDLIFE SERVICE

Fourth Respondent

JUDGMENT

1. By Notice of Motion, the first, second and third Respondents seek an order for costs against the Applicant in respect of the hearing of the Applicant's claim for an interlocutory injunction in class 4 proceedings alleging breaches of conditions of Permit No 1468 granted by the Director-General pursuant to the National Parks and Wildlife Act 1974, s 87 (NP&W Act). The Applicant resists any costs order.