Lester v Ashton Coal Mining Operations Pty Ltd [2011] NSWLEC 155

Land and Environment Court New South Wales

Medium Neutral Citation: Lester v Ashton Coal Mining Operations Pty Ltd [2011] NSWLEC 155 Hearing dates: 29 August 2011 Decision date: 29 August 2011 Jurisdiction: Class 4 Before: Craig J Decision: 1. The applicant's notice of motion filed on 24 August 2011 is dismissed. 2. Costs are reserved. Catchwords: PROCEDURE - interlocutory application - stay sought of final orders made by Commissioners in Class 1 proceedings - no power to order stay - motion dismissed Legislation Cited: Civil Procedure Act 2005 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 (No. 2) [2011] NSWLEC 116 Ashton Coal Operations Pty Ltd v Director-General, Department of Environment, Climate Change and Water (No. 3) [2011] NSWLEC 1249 Category: Procedural and other rulings Parties: Robert Lester (Applicant) Ashton Coal Mining Operations Pty Ltd (First Respondent) Chief Executive of the Office of Environment and Heritage (Second Respondent) Representation: N/A (Applicant) Mr T Howard (First Respondent) N/A (Second Respondent) Mr A Oshlack (Agent - Indigenous Justice Advocacy Network) (Applicant) McCullough Robertson Lawyers (First Respondent) Office of Environment and Heritage (Second Respondent) File Number(s): 40628 of 2011