Gerondal v Eurobodalla Shire Council [2011] NSWLEC 77

Land and Environment Court New South Wales

Medium Neutral Citation: Gerondal v Eurobodalla Shire Council [2011] NSWLEC 77 Hearing dates: 14 February 2011 Decision date: 02 May 2011 Before: Craig J Decision: 1. Leave to appeal granted. 2. Appeal dismissed. 3. The applicant is to pay the respondent Council's costs of the appeal. Catchwords: APPEAL:- appeal pursuant to s 56A of the Land and Environment Court Act 1979 - admissibility of evidence used at but not prepared for conciliation conference held under s 34 - admissibility of evidence unlawfully obtained - s 197 of Protection of the Environment Operations Act 1997 - premises not used only for residential purposes - findings by Commissioner that provisions of the Protection of the Environment Operations Act 1997 had been breached - order requiring submissions of plan for removal of waste from land - consistent with s 96(3)(i) of the Protection of the Environment Operations Act 1997 - no error of law Legislation Cited: Evidence Act 1985, s 138 Civil Procedure Act 2005, s 56 Interpretation Act 1987, s 6 Land and Environment Court Act 1979, s 17(a), s 34, s 56A, s 38 Protection of the Environment Operations Act 1997, s 95, s 96, s 111, s 144, s 196, s 197, s 289 Uniform Civil Procedure Rules 2005, r 50.3, r 50.12 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Gerondal v Eurobodalla Shire Council [2010] NSWLEC 1217 Taylor v Port Macquarie - Hastings Council [2010] NSWLEC 142 Category: Principal judgment Parties: Monica Netta Gerondal (Applicant) Eurobodalla Shire Council (Respondent) Representation: In person (Applicant) Mr A Warren (solicitor) (Respondent) In person (Applicant) Andrew Warren & Associates (Respondent) File Number(s): 10890 of 2010