BBB Constructions Pty Limited and Anor v Catherine J Burn & Ors (No 2) [2008] NSWSC 358

New South Wales Supreme Court

CITATION : BBB Constructions Pty Limited and Anor v Catherine J Burn & Ors (No 2) [2008] NSWSC 358

HEARING DATE(S) : 17/04/2008 18/04/2008

JUDGMENT DATE : 21 April 2008

JUDGMENT OF : Hoeben J

A declaration that subject to declaration 2, the plaintiffs are entitled to exclusive possession of the Botany site. A declaration that for the purpose of carrying out the works, the subject of the direction dated 7 April 2008 and the "emergency works" pursuant to clause 11 of the Amending Act (the works), the defendants are entitled to such access as is reasonably required to perform the works and are not entitled to exclusive possession of the Botany site. DECISION : An order that the defendants deliver up possession of the Botany site to the plaintiffs, save that pursuant to clauses 11 and 12 of the Amending Act, the second defendant, its servants, agents and contractors are entitled to enter upon the Botany site for the purpose of performing the works. An order that the plaintiffs do not materially interfere with or impede the performance of the works or access by the second defendant's servants, agents and contractors to those locations in the Botany site where the works are being performed. I reserve the question of costs.

CATCHWORDS : Statutory interpretation - entry and occupation of development site by State agencies under State Emergency and Rescue Management Act - whether such occupation exclusive - whether power to exclude developer from site and if so the extent of that power - whether developer entitled to possession of development site.

State Emergency and Rescue Management Act 1989 LEGISLATION CITED : State Emergency and Rescue Management Amendment (Botany Emergency Works) Act 2008 Occupational Health and Safety Regulations Uniform Civil Procedure Rules