NSW Caselaw
Reported Decision : 119 LGERA 55
Land and Environment Court of New South Wales
CITATION : Williams v Homestake Australia Ltd and Ors [2002] NSWLEC 5 APPLICANT: Williams PARTIES : RESPONDENTS: Homestake Australia Ltd and Ors. FILE NUMBER(S) : 40010 of 2002 CORAM: Bignold J KEY ISSUES: Interlocutory Relief :- Interlocutory injunction-carrying out of activity pursuant to an Exploration Licence granted under Mining Act 1992-whether activity involves a threatened breach of NP&W Act-balance of convenience. LEGISLATION CITED: National Parks and Wildlife Act 1974, s 90 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148; CASES CITED: Forestry Commission v Corkill (1991) 73 LGRA 247; Ross v State Rail Authority of New South Wales (1987) 70 LGERA 91 DATES OF HEARING: 23-24 January 2002 EX TEMPORE JUDGMENT DATE : 01/24/2002
APPLICANT: Mr a Oshlack, Agent SOLICITORS N/A
1ST AND 2ND RESPONDENTS: Mr M Brennan Solicitor LEGAL REPRESENTATIVES: THIRD RESPONDENT Ms E Glancy, Solicitor
SOLICITORS 1ST AND 2RD RESPONDENT Blake Dawson Waldron THIRD RESPONDENT National Parks and Wildlife Service
JUDGMENT:
IN THE LAND AND Matter No. 40010 of 2002 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 24 January 2002
NEVILLE WILLIAMS
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