A OSHLACK v. IRON GATES PTY LIMITED & ANOR No. 40152 of 1996 [1997] NSWLEC 40 (8 April 1997) [1997] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : A OSHLACK v. IRON GATES PTY LIMITED & ANOR No. 40152 of 1996 [1997] NSWLEC 40 (8 April 1997) [1997] NSWLEC 1 PARTIES : A OSHLACK v. IRON GATES PTY LIMITED & ANOR FILE NUMBER(S) : 40152 of 1996 CORAM: Lloyd J KEY ISSUES: :- LEGISLATION CITED: Land &; Environment Court Act 1979, s 69 National Parks &; Wildlife Act 1974. Donald Campbell &; Co Limited v Pollak (1927) AC 732, ; CASES CITED: Berbette Pty Limitedv Hansa (1976) VR 385, Wyatt v Albert Shire Council (1986) 61 LGRA116; Lagiullo v Haden Engineering Pty Limited (1978) 1 NSWLR 306 at 308; Jamal v Secretary, Department of Health (1988) 14 NSWLR 52, at 271 DATES OF HEARING: 8 April 1997 DATE OF JUDGMENT: 04/10/1997

L A Ogle (Solr) LEGAL REPRESENTATIVES: First Respondent P R Rigg (Solr) Second Respondent S Winters

JUDGMENT: HIS HONOUR: This is an application for costs by the successful applicant following the judgment of Stein J delivered on 6 March 1997.

The judgment of Stein J identifies three key issues:

(1) Whether the development consent for a road, which his Honour

found to be valid in Wilson v Iron Gates Pty Limited &; Anor (40172/96, unreported, 2 December 1996), had lapsed pursuant to s 99 of the Environmental Planning &; Assessment Act 1979;

(2) Whether there had been breaches of the development consent for

subdivision and of conditions of that consent; and

(3) Whether works undertaken by the first respondent were in breach

of s 118D of the National Parks &; Wildlife Act 1974.

Stein J found: