Environment Protection Authority v Condon [2013] NSWSC 777

Supreme Court New South Wales

Medium Neutral Citation: Environment Protection Authority v Condon [2013] NSWSC 777 Hearing dates: 21/05/2013 Decision date: 14 June 2013 Jurisdiction: Equity Division - Corporations List Before: Young AJ Decision: Appeal against rejection of proof of debt dismissed with costs Catchwords: ENVIRONMENT LAW - waste dumping levy - no records kept - levy made by calculation under regulation - calculation not made in accordance with the legislation Legislation Cited: Corporations Act 2001 (Cth) Protection of the Environment Operations Act 1997 (NSW) s 88 Protection of the Environment Operations (Waste) Regulation 2005 (NSW) Cases Cited: Commissioner of Stamps (South Australia) v Telegraph Investment Co Pty Ltd (1995) 184 CLR 453 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Shanahan v Scott (1957) 96 CLR 245 South Australia v Tanner (1989) 166 CLR 161 Utah Construction & Engineering Pty Ltd v Pataky [1965] NSWR 1397 (PC) Category: Principal judgment Parties: Environment Protection Authority (Plaintiff) Schon G Condon as liquidator for Orchard Holdings (NSW) Pty Limited (in liquidation) (Defendant) Representation: Counsel: J C Giles (Plaintiff) R D Glasson (Defendant) Solicitors: Office of Environment & Heritage (Plaintiff) ERA Legal (Defendant) File Number(s): 2012/248190