Wendy Maria Jarasius v. Forestry Commission Of New South Wales [1988] NSWLEC 164

Land and Environment Court of New South Wales

CITATION : Wendy Maria Jarasius v. Forestry Commission Of New South Wales [1988] NSWLEC 164 APPLICANT Wendy Maria Jarasius

FIRST RESPONDENT Forestry Commission Of New South Wales

SECOND RESPONDENT Harris-Daishowa (Australia) Pty Limited

THIRD RESPONDENT Duncan's Holdings Limited PARTIES : FOURTH RESPONDENT J. & J. Whitehead

FIFTH RESPONDENT Tablelands Sawmills Pty Limited

SIXTH RESPONDENT Barry Damien Collins and James Andrew Whitehead

FILE NUMBER(S) : 40173 of 1987 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 03/17/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: This matter comes before the Court to make orders to give effect to my judgment, and I have been given the benefit of draft short minutes by each of the parties. The applicant submits that I should make orders firstly in the nature of declarations, together with consequential injunctions and an order for costs. The respondents submit that there is no utility in the Court making the declarations sought, the reason being that the subject licences relate not only to the areas the subject of these proceedings, but to substantial adjoining areas where similar or identical works are intended to be carried out without challenge.

It is also submitted that not only is there a lack of utility, it would be dangerous to make such declarations because of the conflict with possible litigation that may arise as a consequence of working in those other areas. The applicant submits that these problems can be overcome by careful drafting, and seeks to have the declarations made.