Kosciusko Alpine Club Limited v National Parks and Wildlife Service & Anor [1988] NSWLEC 23

Land and Environment Court of New South Wales

CITATION : Kosciusko Alpine Club Limited v National Parks and Wildlife Service & Anor [1988] NSWLEC 23 APPLICANT Kosciusko Alpine Club Limited

FIRST RESPONDENT PARTIES : National Parks and Wildlife Service

SECOND RESPONDENT Corroboree Lodge Pty Ltd

FILE NUMBER(S) : 40054 of 1988 CORAM: Bignold J - Hemmings J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 22/03/88, 21/06/88 DATE OF JUDGMENT: 10/05/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: These are the reasons for my orders pronounced last Thursday.

The 2nd Respondent's Notice of Motion seeks an order setting aside my Judgment on 21st June, 1988 refusing the 2nd Respondent's application for costs in respect of proceedings that I had determined on 1st June, 1988 which resulted in an order that the 2nd Respondent be partially released from an undertaking that it had given the Court on 22nd April, 1988 and ordering the Applicant to pay the 2nd Respondent's costs of those proceedings.

The sole basis for the order sought in the 2nd Respondent's Notice of Motion is the fact that the transcript of the proceedings before His Honour Hemmings J. on 22nd April, 1988 (which was not available when I delivered judgment on 21st June, 1988) indicated that liberty to apply had been reserved by His Honour at the request of Counsel for the 2nd Respondent specifically to deal with the question of what was to become of the partially erected structures (the completion of which was effectively enjoined by the 2nd Respondent's aforesaid undertaking given to the Court on 22nd April, 1988).