Melville v Craig Nowlan & Associates Pty Ltd & Anor [2002] NSWCA 32

Reported Decision : 119 LGERA 186 (2001) 54 NSWLR 82

New South Wales Court of Appeal

CITATION : Melville v Craig Nowlan & Associates Pty Ltd & Anor [2002] NSWCA 32 revised - 12/04/2002 FILE NUMBER(S) : CA 40514/01 HEARING DATE(S) : 30 October 2001 JUDGMENT DATE : 26 February 2002

Judith Melville (Claimant) PARTIES : Craig Nowlan & Associates Pty Ltd (First Opponent) Maclean Shire Council (Second Opponent) JUDGMENT OF : Stein JA at 1; Heydon JA at 44; Young CJ in Eq at 134

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT LEC 40011/00 FILE NUMBER(S) : LOWER COURT Cowdroy J JUDICIAL OFFICER :

COUNSEL : Mr P W Larkin/Ms N Obrart (Claimant) Mr P R Clay (First Opponent) Wroth Wall (Claimant) SOLICITORS : Verekers (First Opponent) Pickering Priestley (Second Opponent) - submitting appearance CATCHWORDS : Land and Environment Court - Interlocutory orders - Appeal - Security for costs - Plaintiff impecunious - Power of Land and Environment Court to order security for costs - Trial proceedings - Statutory construction - Environmental Planning and Assessment Act 1979 (NSW) s 69(3) - D Commonwealth of Australia Constitution Act 1900 (Imp) Companies Act 1862 (UK) Companies Act 1874 (NSW) Companies Act 1899 (NSW) Companies Act 1929 (UK) Companies Act 1936 (NSW) Companies Act 1948 (UK) Companies Act 1961 (NSW) Companies (Consolidation) Act 1908 (UK) LEGISLATION CITED : Companies (New South Wales) Code Environmental Offences and Penalties Act 1989 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Evidence Act 1995 (NSW) Federal Court of Australia Act 1976 (Cth) Joint Stock Companies Amendment Act 1857 (UK) Judiciary Act 1903 (Cth) Land and Environment Court Act 1979 (NSW) Protection of the Environment Operations Act 1997 (NSW) Supreme Court Act 1970 (NSW) Trade Practices Act 1974 (Cth) CASES CITED: See attached list DECISION : See paragraph 133