Mulwaree Shire Council v. Marula Holdings Pty Limited [1998] NSWLEC 96

Land and Environment Court of New South Wales

CITATION : Mulwaree Shire Council v. Marula Holdings Pty Limited [1998] NSWLEC 96 APPLICANT Mulwaree Shire Council PARTIES : RESPONDENT Marula Holdings Pty Ltd FILE NUMBER(S) : 40105 of 1995 CORAM: Sheahan J KEY ISSUES: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 10/03/98, 17/03/98 DATE OF JUDGMENT: 03/10/1998

APPLICANT Mr W O'Rourke

LEGAL REPRESENTATIVES: RESPONDENT Ms Finn (10.3.98) Mr Wilson (17.3.98)

JUDGMENT:

HIS HONOUR: In this matter I am at a bit of a disadvantage in not having before me the remarks of His Honour Mr Justice Talbot on the last occasion, although his comments have been referred to.

I accept that the Council concedes that the Company's operations currently are not causing environmental harm and that although the form of the evidence in exhibit M1 leaves something to be desired on the question of hardship, to which his Honour apparently also referred, I am concerned that there does not appear to have been appropriate attention to detail and expedition, such as it appears His Honour Mr Justice Cowdroy was expecting when he made the orders which he made on 23 July 1997.

Exhibit M1 is a letter apparently generated for the solicitor for the company as a result of discussions yesterday, but it bears the date, 28 February 1998. It is the only indication the court has of the company's attention to the shortcomings of its development application, which were pointed out to it in a letter to Mr Buchanan, from the Council, dated 20 February, which he appears to have received, and which exhibit M1 would indicate he is in the process of attending to, at least in part.