Walker Corporation v Director-General, Department of Environment and Climate Change [2009] NSWCA 392

New South Wales Court of Appeal

CITATION: Walker Corporation v Director-General, Department of Environment and Climate Change [2009] NSWCA 392

HEARING DATE(S): 30 November 2009

JUDGMENT DATE: 30 November 2009

JUDGMENT OF: Hodgson JA at 1

EX TEMPORE JUDGMENT DATE: 30 November 2009

(1) I note the matter in par 1 and I make the orders in pars 2 and 3 of the short minutes of order, which I initial and date. [Those orders are set out below for ease of reference: 1. NOTE that the appellant gives to the Court the usual undertaking as to damages. 2. ORDER that pending the determination of the appeal herein the first respondent be restrained from authorising any person pursuant to s.35 of the Native Vegetation Act 2003 ("the Act") to enter the land of the appellant comprised in Lot 1 DP 816861, Lot 2 DP 239247 and Lot 62 DP 1064019 at Macquariedale Road, Appin New South Wales ("the Land") for the purpose of determining whether there has been contravention of the Act by clearing on the land between 5 February 2005 and 17 September 2006. DECISION: 3. ORDER that pending the determination of the appeal herein the second, third, fourth and fifth respondents and each of them be restrained from entering the Land for the purpose of determining whether there has been contravention of the Act by clearing on the land between 5 February 2005 and 17 September 2006.] (2) I note that the appellant undertakes to the Court to pursue the appeal with all due despatch. (3) I expedite the hearing of the appeal. (4) I order that the costs of this application be costs in the appeal.