Jeffman Pty Limited v Environment Protection Authority [2014] NSWLEC 76

Land and Environment Court New South Wales

Medium Neutral Citation: Jeffman Pty Limited v Environment Protection Authority [2014] NSWLEC 76 Hearing dates: 2 June 2014 Decision date: 02 June 2014 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) release Sydney Water Corporation from the undertaking it gave to the Court on 7 December 2010 in terms of the document headed "Commitment to remediate minor contamination"; and (2) make no order as to the costs of Sydney Water's notice of motion filed on 16 May 2014. Catchwords: APPEAL - management order to remediate contaminated land - appeal by polluter - joinder of affected neighbour - parties disagreed as to remediation technologies - neighbouring party gave undertaking to court to remediate minor contamination on its land - judgment given - neighbouring party later applied to be released from its undertaking - whether change in circumstances made it just and proper to discharge continuance of undertaking - five altered circumstances - just and proper to release neighbouring party from undertaking

PRACTICE AND PROCEDURE - application by party to be released from undertaking to court - whether change in circumstances made it just and proper to discharge continuance of undertaking - five altered circumstances - just and proper to release party from undertaking Legislation Cited: Contaminated Land Management Act 1997 s 61 Cases Cited: Hutchinson v Nominal Defendant [1972] 1 NSWLR 443 Jeffman Pty Ltd and Lawrence Dry Cleaners Pty Ltd v Environment Protection Authority of NSW, Sydney Water Corporation and Douglas and Hilary Hutchinson [2011] NSWLEC 89 Category: Consequential orders Parties: Jeffman Pty Ltd (Applicant) ACN 002 408 040 Pty Ltd (formerly known as Lawrence Dry Cleaners Pty Ltd) Environment Protection Authority (First Respondent) Sydney Water Corporation (Second Respondent) Douglas and Hilary Hutchinson (Third and Fourth Respondents) Representation: No appearance for the Applicant Mr C H Withers (Barrister) (Second Respondent) No appearance for First, Third and Fourth Respondents No appearance for the Applicant Clayton Utz (Second Respondent) No appearance for First, Third and Fourth Respondents File Number(s): 10446 of 2010 Publication restriction: No