Great Lakes Council v Lani; Great Lakes Council v Lani and Lampo Pty Limited [2007] NSWLEC 681

Reported Decision : (2007) 158 LGERA 1

Land and Environment Court of New South Wales

CITATION : Great Lakes Council v Lani; Great Lakes Council v Lani and Lampo Pty Limited [2007] NSWLEC 681

41278 of 2006

APPLICANT Great Lakes Council

RESPONDENT Nino Lani Aka Rinaldo Lani

PARTIES : 40237 of 2007

APPLICANT Great Lakes Council

FIRST RESPONDENT Nino Lani Aka Rinaldo Lani

SECOND RESPONDENT Lampo Pty Limited

FILE NUMBER(S) : 41278 of 2006; 40237 of 2007

CORAM: Preston CJ

KEY ISSUES: Civil Enforcement :- Clearing of native vegetation on public reserve - placing fill on land without obtaining development consent under relevant environmental planning instrument - breaches admitted by respondent - injunctive orders to remedy and restrain breaches of statutes - whether the Court should make a declaration in addition to injunctive orders so as to publicly expose and denounce the respondent's conduct - declaration not made - indemnity costs sought by Council - no special or unusual circumstances warranting departure from usual order of costs on party and party basis

Corporations Act 2001, s 1317E Environmental Planning and Assessment Act 1979, s 76A, s 123(1), s 63(2) LEGISLATION CITED: Local Government Act 1993 National Parks and Wildlife Act 1974, s 118A(2), s 176A(1) Native Vegetation Conservation Act 1997, s 12, s 21