Kosciusko Alpine Club Limited v National Parks and Wildlife Service [1988] NSWLEC 122

Land and Environment Court of New South Wales

CITATION : Kosciusko Alpine Club Limited v National Parks and Wildlife Service [1988] NSWLEC 122 APPLICANT Kosciusko Alpine Club Limited

FIRST RESPONDENT National Parks and Wildlife Service PARTIES : SECOND RESPONDENT Coroboree Lodge Pty. Ltd

FILE NUMBER(S) : 40054 of 1988 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 21/03/1988, 22/04/1988 DATE OF JUDGMENT: 06/01/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: This is an amended Notice of Motion in which the 2nd Respondent seeks a partial release from an undertaking it gave to the Court on 22nd April, 1988 when class 4 proceedings were concluded in this Court.

In those proceedings the Applicant sought declarations and injunctions in respect of an approval granted by the 1st Respondent to the 2nd Respondent for the construction of a Ski Lodge building complex on land being lot 198 Deposited Plan 44461 situate at Perisher Valley in the Kosciusko National Park.

On 21st March, 1988 after a contested hearing His Honour Hemmings J. granted an interlocutory injunction restraining the erection of buildings on the said land.

At that date building work on the aforesaid lodge building had been undertaken and was in course of construction. Footings had been constructed and the steel frame of the proposed building had been partially constructed.

The final hearing of the class 4 application came before His Honour on 19th, 20th, 21st and 22nd April, 1988. On 22nd April, 1988 in the course of the hearing it was conceded by the Respondents that as a consequence of there being no effective delegation the approval granted by the 1st Respondent for the ski lodge building complex was invalid. After an adjournment the parties handed up to His Honour short minutes and His Honour made the orders set out in Appendix "A" annexed hereto.