NSW Caselaw
Pending Appeal :
Land and Environment Court of New South Wales
CITATION : Walfertan Processors Pty Limited v Upper Hunter Shire Council & ors [2009] NSWLEC 1260 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Walfertan Processors Pty Limited
FIRST RESPONDENT PARTIES : Upper Hunter Shire Council
SECOND RESPONDENTS Darley Australia Pty Limited William Bourke
FILE NUMBER(S) : 11319 of 2008
CORAM: Moore SC - Taylor C
KEY ISSUES: DESIGNATED DEVELOPMENT - DEVELOPMENT APPLICATION - ENVIRONMENT IMPACT STATEMENT - SECTION 97 APPEAL - WASTE DISPOSAL :- Effluent disposal
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979
Walfertan Processors Pty Limited v Upper Hunter Shire Council [2009] NSWLEC 1134 CASES CITED: Ryde Municipal Council v The Royal Ryde Homes (1970) 19 LGRA 321 Weal v Bathurst City Council (2000) 111 LGERA 181; [2000] NSWCA 88 Mison v Randwick City Council (1991) 23 NSWLR 734
DATES OF HEARING: 31 March, 1 and 2 April,19, 20 and 21 May, 10 and 17 June
DATE OF JUDGMENT: 4 August 2009
APPLICANT Mr A Galasso SC INSTRUCTED BY Clayton Utz
FIRST RESPONDENT Mr T Robertson SC LEGAL REPRESENTATIVES: INSTRUCTED BY Sparke Helmore
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