Wearn Industries Pty Limited v NJW Contractors Pty Limited & Ors [1988] NSWLEC 157

Land and Environment Court of New South Wales

CITATION : Wearn Industries Pty Limited v NJW Contractors Pty Limited & Ors [1988] NSWLEC 157 APPLICANT Wearn Industries Pty. Limited PARTIES : RESPONDENT N.J.W. Contractors Pty. Limited FILE NUMBER(S) : 40260 of 1987 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Kolback v. Epoch Mining ((l987); CASES CITED: Cayne v Global Natural Resources plc (1984); Brayson Motors Pty Ltd v Federal Commissioner of Taxation (1983) DATES OF HEARING: DATE OF JUDGMENT: 02/10/1988

APPLICANT LEGAL REPRESENTATIVES: Mr. Simpkins

JUDGMENT:

HIS HONOUR: The applicant, Wearn Industries Pty. Limited, seeks an order against the first respondent, N.J.W. Contractors Pty. Limited, that pending the hearing of the application the first respondent be restrained from placing rubbish or causing or allowing rubbish to be placed on certain land at Mulgoa identified in the Schedule to the Application proper. The other parties to the application are the Penrith City Council and E. Kelly Pty. Limited, the owner of the subject land. No interlocutory orders are sought against those respondents.

The land is an old quarry coming to the end of its life. Extractive industry has been carried out on the site since the early 1960s. The applicant carried out quarrying activities there until mid-1984. There are disputes between the parties as to the responsibility for reinstatement and restoration of the land, some of which are the subject of proceedings in the Supreme Court. The Council is anxious that the land be restored.