Illawarra Residents For Responsible Mining Inc v Gujarat NRE Coking Coal Limited [2012] NSWLEC 259

Land and Environment Court New South Wales

Medium Neutral Citation: Illawarra Residents For Responsible Mining Inc v Gujarat NRE Coking Coal Limited [2012] NSWLEC 259 Decision date: 22 November 2012 Jurisdiction: Class 4 Before: Sheahan J Decision: (1) The respondent's notice of motion seeking security for costs is upheld; (2) Pursuant to Rule 42.21 of the Uniform Civil Procedure Rules 2005, the applicant is ordered to provide within 28 days, security for costs of the respondent in the sum of $40,000, by way of unconditional bank guarantee or in some other form acceptable to the Registrar and the respondent; (3) The proceedings are stayed until Order (2) has been complied with; (4) The parties have liberty to apply in respect of the implementation of Order (2); (5) The substantive matter is stood over to the List Judge's list on Friday 14 December for further directions, as necessary and appropriate; (6) The costs of the motion are reserved. Catchwords: PRACTICE AND PROCEDURE: application for security for costs - principles to apply - impecunious applicant - whether proceedings properly characterised as public interest - quantum Legislation Cited: Associations Incorporations Act 2009 Corporations Act 2001 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Mining Act 1992 Uniform Civil Procedure Rules 2005 Cases Cited: Blue Mountains Conservation Society Inc v Delta Electricity (No 2) [2009] NSWLEC 193 Bryan E Fencott and Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Burrell Place Community Action v Griffith City Council [2009] NSWLEC 120 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; 173 LGERA 280 Friends of King Edward Park v Newcastle City Council [2012] NSWLEC 113 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39; 172 LGERA 157 Hession v Century 21 South Pacific Ltd (in liq) (1992) 28 NSWLR 120 Idoport Pty Limited v National Australia Bank Limited [2001] NSWSC 744 John Williams Neighbourhood Group Inc v Minister for Planning [2011] NSWLEC 100; 183 LGERA 327 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Melville v Craig Nowlan & Associates Pty Ltd [2001] NSWCA 32; 54 NSWLR 82 Merribee Pastoral Industries Pty Ltd v Australia & New Zealand Banking Group Ltd [1998] HCA 41; 193 CLR 502 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Reid's Farms Pty Ltd v Murray Shire Council [2009] NSWLEC 171; 169 LGERA 307 Sales-Cini v Wyong City Council [2009] NSWLEC 201 Staff Development & Training Centre Pty Ltd v Commonwealth of Australia [2005] FCA 1643 Wollongong City Council v Legal Business Centre Pty Ltd [2012] NSWCA 245 Yandil Holdings Pty Ltd v Insurance Co of North America (1985) 3 ACLC 542 Category: Interlocutory applications Parties: Illawarra Residents For Responsible Mining Inc (Applicant) Gujarat NRE Coking Coal Limited (Respondent) Representation: Mr M. Seymour (Applicant) Mr T. Hale SC and Mr C Ireland (Respondent) EDO NSW (Applicant) Minter Ellison (Respondent) File Number(s): 40615 of 2012