Whitehouse v Remme [1988] NSWLEC 115

Land and Environment Court of New South Wales

CITATION : Whitehouse v Remme [1988] NSWLEC 115 APPLICANT John Frederick Whitehouse PARTIES : RESPONDENT Klaus Remme

FILE NUMBER(S) : 40156 of 1988 CORAM: Stein J KEY ISSUES: :- National Parks and Wildlife (Management of Certain Lands) By-laws 1984 LEGISLATION CITED: National Parks and Wildlife (Land Management) Regulation 1987 National Parks and Wildlife Act, 1974 Land and Environment Act Adamson v. West Perth Football Club ((1979); Minister for Natural Resources v. N.S.W. Aboriginal Land Council, Court of Appeal,(1987); CASES CITED: Bathurst City Council v. Saban ((1985); Fencott v. Muller ((1982-3); Peek v. N.S.W. Egg Corporation ((1986) DATES OF HEARING: 22/07/1987, 06/10/1987, 7/04/1988 DATE OF JUDGMENT: 04/07/1988

LEGAL REPRESENTATIVES: RESPONDENT Mr Simpkins

JUDGMENT:

JUDGMENT

HIS HONOUR: By a further amended Application filed in Court on 14 March 1988 the applicant John Frederick Whitehouse, the Director of the National Parks and Wildlife Service, seeks a number of declarations and orders against the respondent, Klaus Remme, concerning the construction of a road by the respondent within the Blue Mountains National Park. The relief sought includes declarations that the respondent has committed certain trespasses, breaches of the National Parks and Wildlife (Management of Certain Lands) By-laws 1984 and the National Parks and Wildlife (Land Management) Regulation 1987; injunctions restraining the respondent from roadmaking and driving any vehicle within the Park without the consent of the Director; and orders in the nature of compensation or damages.