Kempsey Shire Council v Slade (No 2) [2017] NSWLEC 10

Land and Environment Court New South Wales

Medium Neutral Citation: Kempsey Shire Council v Slade (No 2) [2017] NSWLEC 10 Hearing dates: 28 and 29 June 2016 Date of orders: 27 February 2017 Decision date: 27 February 2017 Jurisdiction: Class 4 Before: Sheahan J Decision: See paragraph [97] Catchwords: ENVIRONMENT AND PLANNING: pollution – claim for recovery of costs of pollution clean-up actions as a debt under s 105(1) Protection of the Environment Operations Act 1997 – statutory scheme for clean-up of pollution and recovery of clean-up costs – council performed clean-up and sought to recover reasonable costs and expenses as a debt – liability already decided – quantum and reasonableness of costs and expenses claimed – interest. Legislation Cited: Civil Procedure Act 2005 Electricity Network Assets (Authorised Transactions) Act 2015 Protection of the Environment Operations Act 1997 Cases Cited: Alphacell Ltd v Woodward [1972] UKHL 4, [1972] AC 824 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Kempsey Shire Council v Slade (2015) 214 LGERA 214; [2015] NSWLEC 135 Maritime Services Board of New South Wales v Posiden Navigation Incorporated; Maritime Services Board of New South Wales v Liberian Cross Transports Incorporated [1982] 1 NSWLR 72 Ruby v Marsh (1975) 132 CLR 642 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Principal judgment Parties: Kempsey Shire Council (Applicant) Michael Phillip Slade (First respondent) Barry Phillip Slade (Second respondent) Representation: Counsel: Mr M W E Maconachie, barrister (Applicant) Respondents in person, primarily the second respondent Solicitors: Higgins & Dix (Applicant) N/A (Respondents) File Number(s): 2016/165114