D'Anastasi v Environment Protection Authority [2011] NSWCA 1

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: D'Anastasi v Environment Protection Authority [2011] NSWCA 1 Hearing dates: 13 January 2011 Decision date: 13 January 2011 Before: Allsop P Decision: Notice of motion dated 21 December 2010 filed 24 December 2010 be dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - application to stay execution of judgment pending appeal proceedings - whether stay should be granted - whether appeal has reasonable prospects of success Legislation Cited: Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685, Miller v Nationwide News Pty Ltd [2008] NSWCA, Varma v Varma [2010] NSWCA 358 Category: Principal judgment Parties: Charles D'Anastasi (Applicant) Environment Protection Authority (1st Respondent) Gregory Abood (2nd Respondent) Representation: Counsel: Mr J R Dupree (Applicant) Mr D K Jordan (1st & 2nd Respondents) Solicitors: Russo & Partners (Applicant) Department of Environment, Climate Change and Water NSW (1st & 2nd Respondents) File Number(s): 2010/423014 Decision under appeal Citation: D'Anastasi v Environment Protection Authority and Anor [2010] NSWLEC 260 Date of Decision: 2010-12-16 00:00:00 Before: Pain J File Number(s): 40881 of 2010