Dungog Shire Council v Hunter Industrial Rental Equipment Pty Ltd (No 3) [2019] NSWLEC 3

Land and Environment Court New South Wales

Medium Neutral Citation: Dungog Shire Council v Hunter Industrial Rental Equipment Pty Ltd (No 3) [2019] NSWLEC 3 Hearing dates: 12 December 2018 Date of orders: 10 January 2019 Decision date: 10 January 2019 Jurisdiction: Class 4 Before: Molesworth AJ Decision: See orders at [84] Catchwords: PRACTICE AND PROCEDURE – primary judgment found longstanding breaches of environmental and planning laws and issued injunctive relief, stayed for a period of three months - Notice of Motion to extend stay of orders to enable State Significant Development (SSD) process to be completed – SSD process unlikely to be completed by March 2020 at earliest – ongoing breach of planning and environment laws – importance of upholding planning and environment laws - impact on the community – inappropriate to stay until completion of SSD process in light of 2020 date - minimal further stay of two months granted to ameliorate impact of orders restraining offending conduct on employees and third parties Legislation Cited: Environmental Planning and Assessment Act 1991 s 124 (now 9.46) Cases Cited: ACR Trading Pty Ltd v Fat-Sel Pty Ltd (1987) 11 NSWLR 67 Arnhem Land Aboriginal Land Trust and Others v Northern Territory and Others 157 FCR 255; [2007] FCAFC 31 Bunnings Forest Products Pty Ltd v Bullen (1994) 54 FCR 342 Dungog Shire Council v Hunter Industrial Rental Equipment Pty Ltd (2016) 220 LGERA 43; [2016] NSWLEC 164 Dungog Shire Council v Hunter Industrial Rental Equipment Pty Ltd (No 2) [2018] NSWLEC 153 Grace v Thomas Street Café Pty Ltd (2007) 159 LGRA 57; [2007] NSWCA 359 Roosters Club Inc v Northern Tavern Pty Ltd (No 2) [2003] SASC 143 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Procedural and other rulings Parties: Dungog Shire Council (Applicant) Hunter Industrial Rental Equipment Pty Limited (First Respondent) Buttai Gravel Pty Limited (Second Respondent) Environment Protection Agency (Third Respondent) Representation: Counsel: Mr T Howard SC and Ms C Novak (Applicant) Mr J Lazarus and Ms J Walker (First and Second Respondents)