Anderson on behalf of Numbahjing Clan within the Bundjalung Nation v Director-General Department of Environment and Climate Change [2007] NSWLEC 463

Land and Environment Court of New South Wales

CITATION : Anderson on behalf of Numbahjing Clan within the Bundjalung Nation v Director-General Department of Environment and Climate Change [2007] NSWLEC 463

APPLICANTS: Douglas Anderson and Susan Anderson on behalf of Numbahjing Clan within the Bundjalung Nation

PARTIES : FIRST RESPONDENT: Director-General of the Department of Environment and Climate Change

SECOND RESPONDENTS: Christopher Brian Lee Condon on behalf of North Angels Beach Development (Ballina) Pty Ltd

FILE NUMBER(S) : 40582 of 2007

CORAM: Biscoe J

KEY ISSUES: Injunctions and Declarations :- application for declaration of invalidity of permit and consent to destroy Aboriginal objects under ss 87 and 90 of the National Parks and Wildlife Act 1974 – application for interim injunction for a few weeks to restrain carrying out of work on land - whether serious issue to be tried – balance of convenience.

DATES OF HEARING: 18 July 2007

EX TEMPORE JUDGMENT DATE : 18 July 2007

APPLICANT: Mr A Oshlack, agent SOLICITORS N/A

LEGAL REPRESENTATIVES: FIRST RESPONDENT: N/A

SECOND RESPONDENT: Mr M Young, solicitor SOLICITORS Bourke Love McCartney Young

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

18 July 2007