Ashton Coal Operations Pty Ltd v Director General, Department of Environment, Climate Change and Water (No 2) [2011] NSWLEC 116

Land and Environment Court New South Wales

Medium Neutral Citation: Ashton Coal Operations Pty Ltd v Director General, Department of Environment, Climate Change and Water (No 2) [2011] NSWLEC 116 Hearing dates: 30 June, 1 July, 4 July 2011 Decision date: 07 July 2011 Before: Sheahan J Decision: (1)Prayers 1 and 4 of the Notice of Motion of Scott Franks dated 22 June 2011 are discharged. (2)Prayers 2,3 and 7 of the Notice of Motion are dismissed. (3)The costs of the Notice of Motion are reserved. (4)The hearing is reopened on the limited basis described in these reasons, and the matter is remitted to Commissioner Pearson and Acting Commissioner Sullivan for expeditious disposition. (5)Exhibits A3 and A4 will remain in the Court file, but the other exhibits are returned. (6)The matter will be listed before Commissioner Pearson for mention and directions at 4pm tomorrow, Friday 8 July 2011. Catchwords: PRACTICE AND PROCEDURE: application to set aside a decision refusing to join a witness as a party to a class 1 appeal -- principles to apply -- orders to reopen hearing to receive further evidence Legislation Cited: Evidence Act 1995 Land and Environment Court Act 1979 National Parks and Wildlife Act 1974 National Parks and Wildlife Regulation 2009 Uniform Civil Procedure Rules 2005 Cases Cited: Ashton Coal Operations Pty Ltd v Director General, Department of Environment Climate Change and Water [2011] NSWLEC 1162 Australian Securities and Investment Commission v Rich [2006] NSWSC 826; (2006) 235 ALR 587 Bailey v Marinoff (1971) 125 CLR 529 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218 Charlton v Moore [2009] NSWLEC 61 City of Sydney v Streetscape Projects (Aust) Pty Ltd [2011] NSWSC 363 Deputy Commissioner of Taxation v Meredith (No 2) [2008] NSWCA 133; (2008) 75 NSWLR 462 DJL v Central Authority [2000] HCA 17; (2000) 201 CLR 226 Haig v Minister Administering National Parks and Wildlife Act 1974 (1994) 85 LGERA 143 In re William Bruce (1886) 12 VLR 696 Logwon Pty Ltd v Warringah Shire Council (1993) 33 NSWLR 13 Michales v Dimoski [2007] NSWLEC 443 Morrison Design Partnership Pty Ltd v North Sydney Council [2007] NSWLEC 802; (2007) 159 LGERA 361 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 Pittwater Council v Brown Bros Waste Contractors Pty Ltd [2009] NSWLEC 50 Presrod Pty Ltd v Wollongong City Council [2010] NSWLEC 192 R v Pettigrew [1996] QCA 235; [1997] 1 Qd R 601 Smith v New South Wales Bar Association (No 2) (1992) 176 CLR 256 Sundararajah v Teachers Federation Health Ltd (No 3) [2010] NSWSC 471 Teoh v Hunters Hill Council (No3) [2009] NSWLEC 121; (2009) 167 LGERA 432 Timbarra Protection Coalition Inc v Ross Mining NL [1999] NSWCA 8; (1999) 46 NSWLR 55; (1999) 102 LGERA 52 Tweed Shire Council v Minister Administering Crown Lands Act (1996) 92 LGERA 80 Urban Transport Authority of New South Wales v Nweiser (1992) 28 NSWLR 471 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Woollahra Municipal Council v Ferella [2005] NSWLEC 402; (2005) 141 LGERA 166 Category: Procedural and other rulings Parties: Ashton Coal Mining Operations Pty Ltd (Applicant) Chief Executive of the Office of Environment and Heritage (Respondent) Scott Franks (Applicant on Motion) Representation: Mr S Lloyd SC with Mr T Howard (Applicant) Dr S Pritchard (Respondent) Mr A Oshlack, Agent (Applicant on Motion) McCullough Robertson Lawyers (Applicant) Office of Environment and Heritage (Respondent) Mr A Oshlack, Agent, c/o Indigenous Justice Advocacy Network (Applicant on Motion) File Number(s): 10335 of 2011 Decision under appeal Citation: [2011] NSWLEC 1162 Date of Decision: 2011-06-17 00:00:00 Before: Pearson C and Sullivan AC File Number(s): 10335 of 2011