Koskiusko Alpine Club Limited v. National Parks And Wildlife Service [1988] NSWLEC 168

Land and Environment Court of New South Wales

CITATION : Koskiusko Alpine Club Limited v. National Parks And Wildlife Service [1988] NSWLEC 168 APPLICANT Koskiusko Alpine Club Limited

FIRST RESPONDENT PARTIES : National Parks And Wildlife Service

SECOND RESPONDENT Corroboree Lodge Pty Limited

FILE NUMBER(S) : 40054 of 1988 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: National Parks and Wildlife Act 1974 Environmental Planning and Assessment Act, 1974 CASES CITED: Randwick Municipal Council v. Crawly and Ors DATES OF HEARING: 07/03/88, 21/03/88 DATE OF JUDGMENT: 03/31/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The second respondent is the lessee of Lot198, DD44461, Parish of Guthega, County of Wallace, located in Perisher Valley within the Kosciusko National Park. Pursuant to the National Parks and Wildlife Act 1974 the first respondent granted building approval to the erection of a number of buildings thereon for the purpose of self contained apartments. The applicant is the adjoining lessee and has sought orders with respect to the lawfulness of such building approval.

On 21st March, 1988 this Court made the following interlocutory orders:

|CF2.|PSI

"I order that the first and second respondents be restrained forthwith from causing, permitting or suffering, by itself, its servants, agents or contractors the erection of any buildings on premises known as Lot198, DP44461, Parish of Guthega, County of Wallace, located at Perisher Valley, until further order of this Court. Liberty to apply on two days' notice. Exhibits may be released. Costs will be reserved."