NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Hardie Ayrefield Pty Ltd v Director General Department of Natural Resources [2006] NSWLEC 695
APPLICANT: Hardie Ayrefield Pty Ltd PARTIES : RESPONDENT: Director General of the Department of Natural Resources
FILE NUMBER(S) : 10536 of 2006
CORAM: Biscoe J
KEY ISSUES: Practice and Procedure :- determination of preliminary questions
DATES OF HEARING: 25/10/2006
EX TEMPORE JUDGMENT DATE : 10/25/2006
APPLICANT: Ms P M Lane, solicitor SOLICITORS Sparke Helmore LEGAL REPRESENTATIVES: RESPONDENT: Mr D Armstrong, solicitor SOLICITORS Department of Natural Resources
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
BISCOE J
25 October 2006
HARDIE AYRELD PTY LIMITED v DIRECTOR GENERAL OF THE DEPARTMENT OF NATURAL RESOURCES
JUDGMENT HIS HONOUR: 1 This is notice of motion for the determination of preliminary questions prior to other issues as set out in the applicant's notice of motion, filed on 13 October 2006. The respondent neither consents nor opposes an order that they be determined as a preliminary question.
2 The affidavit of Diana Grant of 13 October 2006 in support of the application indicates that if the issues set out in the notice of motion were to be determined in favour of the applicant, they would be dispositive of the proceedings without any need for the Court to enter into a hearing on the merits issues which would take, it is said, at least some three further days or thereabouts.
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