Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 4) [2018] NSWLEC 31

Land and Environment Court New South Wales

Medium Neutral Citation: Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Limited v Roads and Maritime Services (No 4) [2018] NSWLEC 31 Hearing dates: 13 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Class 3 Before: Sheahan J Decision: The Applicants' Notice of Motion is dismissed Catchwords: ESTOPPEL: Motion brought by Applicants to have the Court strike out various Points of Defence on the grounds of estoppel and/or abuse of process Legislation Cited: Environmental Planning and Assessment Act 1979 High Court Rules 2004 (Cth) Land Acquisition (Just Terms Compensation) Act 1991 Protection of the Environment Operations Act 1997 Cases Cited: Blair v Curran (1939) 62 CLR 464 Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2017] NSWCA 73 Dial a Dump Industries Pty Ltd v Roads and Maritime Services [2015] NSWLEC 172 Dial A Dump Industries Pty Ltd v Roads and Maritime Services (2016) 216 LGERA 283; [2016] NSWLEC 39 Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2017] HCASL 236 F Hannan (Properties) Pty Ltd v Council of the City of Sydney [2011] NSWLEC 44 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hornsby Council v Roads and Traffic Authority of New South Wales (1997) 41 NSWLR 151 Meriton Apartments Pty Ltd v Council of the City of Sydney [2009] NSWLEC 166 Perry v Clissold (1906) 4 CLR 374 Ramsay v Pigram (1968) 181 CLR 271 Rippon v Chilcotin (2001) 53 NSWLR 198 Tomlinson v Ramsey Food Processing (2015) 256 CLR 507 Trawl Industries of Australia Pty Ltd (in liq) v Effem Foods (1992) 36 FCR 406 Trawl Industries of Australia Pty Ltd (in liq) v Effem Foods (1993) 43 FCR 510 Trustees for the Roman Catholic Church for the Diocese of Bathurst v Hine [2016] NSWCA 213 Texts Cited: G E Dal Pont, Law of Agency, (3rd ed, 2014, LexisNexis) Category: Procedural and other rulings Parties: Alexandria Landfill Pty Ltd (Applicant) Boiling Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Mr I Hemmings, SC with Mr M Seymour, Ms K Lindeman and Ms R Khalilizadeh (17 February), barristers (Applicants) Mr R Lancaster, SC with Mr N Eastman, and Mr M Astill, barristers (Respondent)