The Anson Bay Company (Australia) Pty Limited & Anor v Bob Blakemore Pty Limited & Anor [1989] NSWLEC 178

Land and Environment Court of New South Wales

CITATION : The Anson Bay Company (Australia) Pty Limited & Anor v Bob Blakemore Pty Limited & Anor [1989] NSWLEC 178 FIRST APPLICANT The Anson Bay Company ( Australia) Pty Ltd

SECOND APPLICANT Lake Macquire City Council PARTIES : FIRST RESPONDENT Bob Blakemore Pty Limited

SECOND RESPONDENT Doug Blakemore Excavations Pty Ltd FILE NUMBER(S) : 40014 of 1989 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Land And Environment Court Act CASES CITED: Whitehouse v. Remme, No.40156/87, 7th April, 1988 (unreported); Bathurst City Council v. Saban [1985] 2 NSWLR 704, at 709. DATES OF HEARING: DATE OF JUDGMENT: 04/17/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: In this matter an application has been made to the Land and Environment Court for orders concerning an alleged breach of an environmental law. That application also seeks orders concerning certain licensing agreements between the first and second respondents and the first applicant. The first and second respondents move to strike out paragraphs D.3 and D.4 of the Amended Application on the grounds that this Court has no jurisdiction to determine the claims for relief sought therein. I will not set out the details of those parts of the Amended Application.

The motion is opposed by the first applicant and the second applicant (formerly third respondent), the Lake Macquarie City Council and, put briefly, they say that the Court has jurisdiction to determine all matters in dispute, and that the orders sought arise out of the same facts and, if possible, the Court should determine all matters in controversy between the parties.