NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Carriage v Stockland (Constructors) Pty Ltd and Ors [2002] NSWLEC 216 APPLICANT Allan Carriage PARTIES : RESPONDENTS Stockland (Constructors) Pty Ltd and Ors FILE NUMBER(S) : 40863 of 2002 CORAM: Pain J KEY ISSUES: Interlocutory Relief :- discretionary consideration - serious question to be tried - irreparable damage - inconvenience to respondent - balance of convenience - public interest in protection of aboriginal relics Environmental Planning and Assessment Act 1979 National Parks and Wildlife Act 1974 s 90, s 176A, s 118A, s 118D LEGISLATION CITED: Rivers and Foreshore Improvements Act 1948 State Environmental Planning Policy no. 55 Threatened Species Conservation Act 1995 s 91 CASES CITED: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 DATES OF HEARING: 18/11/2002 DATE OF JUDGMENT: 11/20/2002
APPLICANT Mr A Oshlack (agent) SOLICITORS N/A
FIRST RESPONDENT Mr T Hale SC with Mr S Brockwell (barrister) SOLICITORS Baker & McKenzie
SECOND RESPONDENT LEGAL REPRESENTATIVES: Mr J Whyte (barrister) SOLICITORS National Parks and Wildlife Services (submitting appearance at hearing)
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