Farrell v Bridge [1993] NSWLEC 131 (18 August 1993) [1993] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : Farrell v Bridge [1993] NSWLEC 131 (18 August 1993) [1993] NSWLEC 1 PARTIES : Farrell v Bridge [1993] NSWLEC 131 (18 August 1993) FILE NUMBER(S) : 50014 of 1988 CORAM: Bignold J :- Waste Disposal Act 1970 - conviction in 1988 of offence against the Act following entry of plea of guilty - fine imposed and costs - fine unpaid - Defendant's Notice of Motion to set aside or permanently stay judgment. KEY ISSUES: Land and Environment Court Act 1979 - ss22 and 23 - Court lacks jurisdiction or power to recall or set aside 1988 Orders - Land and Environment Court has no inherent power to set aside the 1988 Orders. Supreme Court Rules 1970 - Part 44 r 7 - power to stay execution of judgment - no power to permanently stay execution whilst the 1988 Orders remain in force Waste Disposal Act 1970 LEGISLATION CITED: Land and Environment Court Act 1979 Supreme Court Rules 1970 (Bailey v Marinoff (1971) 125 CLR 529; ; Gamser v Nominal Defendant (1977) 136 CLR 145); Easyfind (NSW) Pty Ltd v. Paterson (1987) 11 NSWLR 98 at 108 ; CASES CITED: State Rail Authority of New South Wales v. Codelfa Construction Pty Ltd (1982) 150 CLR 29 at 38.; Wentworth v. Woollahra Municipal Council (1982) 149 CLR 672 at 684; Wentworth v. Attorney General for New South Wales (1984) 154 CLR 518 at 526; University of Wollongong v. Metwally (No 2) (1985) 59 ALJR 481 DATES OF HEARING: 28/07/93 DATE OF JUDGMENT: 08/18/1993