Williams v Homestake Australia Limited And Ors. [2003] NSWLEC 250

> Land and Environment Court of New South Wales

CITATION : Williams v Homestake Australia Limited And Ors. [2003] NSWLEC 250 APPLICANT: Williams PARTIES : RESPONDENTS: Homestake Australia Limited And Ors. FILE NUMBER(S) : 40010 of 2002 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- setting aside subpoena LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/03/2002 EX TEMPORE JUDGMENT DATE : 03/19/2002

APPLICANT: Mr A Oshlack, Agent SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr C Ireland, Solicitor SOLICITORS Blake Dawson Waldron

JUDGMENT:

IN THE LAND AND Matter No. 40010 of 2002 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 19 March 2002

N. WILLIAMS

Applicant

v

HOMESTAKE AUSTRALIA LIMITED ACN 007 857

First Respondent

BARRICK CORPORATION

Second Respondent

THE DIRECTOR-GENERAL NATIONAL PARKS AND WILDLIFE SERVICE

Third Respondent

JUDGMENT

Bignold J:

1. The Court has before it a Notice of Motion filed on 12 March 2002 by the Applicant in class four proceedings seeking a number of orders in relation to a subpoena for production served by the first respondent upon Mr Alan Oshlack who acts as the authorised agent of the Applicant in class four proceedings brought by the Applicant against the first respondent and others seeking declaratory and injunctive relief in respect of exploratory mining activities being conducted by the first respondent on land known as the Lake Cowal Gold mine site.