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Land and Environment Court
of New South Wales
CITATION: Carriage v Stockland (Constructors) Pty Ltd and Ors [No 5] [2003] NSWLEC 197 PARTIES: APPLICANT
RESPONDENTS
Allan Carriage
Stockland (Constructors) Pty Ltd and OrsFILE NUMBER(S): 40863 of 2002 CORAM: Pain J KEY ISSUES: Costs :- whether security for costs should be awarded - impecunious litigant - application brought under open standing provisions - special interest of applicant - exercise of discretion
Injunctions and declarations :- whether interlocutory injunction should be discharged
Practice and procedure :- whether proceedings should be dismissed for want of prosecution - whether leave should be granted to amend pleadingsLEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 123
Land and Environment Court Act 1979 s 69
Land and Environment Court Rules 1996 Pt 12 r 2
National Parks and Wildlife Act 1974 s 90CASES CITED: Brown v Environment Protection Authority (NSWCA, unreported, 1 April 1993, Priestley JA);
Carriage v Stockland (Constructors) Pty Ltd and Ors [2002] NSWLEC 216;
Carriage v Stockland Constructors Pty Limited and Anor (No2) [2002] NSWLEC 121;
Carriage v Stockland (Constructors) Pty Ltd and Ors [No 2] [2002] NSWLEC 217; (2002) 123 LGERA 214;
Carriage v Stockland (Constructors) Pty Ltd and Ors [No 3] [2003] NSWLEC 86;
Carriage v Stockland (Constructors) Pty Ltd and Ors [No 4] [2003] NSWLEC 129;
KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189;
Melville v Craig Nowlan & Associates Pty Limited (2001) 54 NSWLR 82;
Onus v Alcoa of Australia Limited (1982) 149 CLR 27;
The State of Queensland v J L Holdings Pty Limited (1997) 189 CLR 146DATES OF HEARING: 20/06/2003 DATE OF JUDGMENT:
06/24/2003LEGAL REPRESENTATIVES:
APPLICANT
Mr C Norton (barrister)
SOLICITORS
Susan HillFIRST RESPONDENT
Mr T Hale SC
SOLICITORS
Baker & McKenzieSECOND RESPONDENT
THIRD RESPONDENT
Ms A Pearman (barrister)
SOLICITORS
National Parks and Wildlife Services
submitting appearance
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
40863 of 2002
Pain J
24 June 2003
- Applicant
- First Respondent
DIRECTOR-GENERAL OF THE NATIONAL PARKS AND WILDLIFE
SERVICE OF NEW SOUTH WALES
Second Respondent
Third Respondent
Judgment
Introduction
1. The Applicant has filed a notice of motion seeking to further amend his pleadings in this matter. The First Respondent has filed a notice of motion which seeks several orders:
1. An order that these Class 4 proceedings be dismissed for want of prosecution.
2. An order that the injunction on the First Respondent pursuant to Order 2 made by this Court on 20 November 2002 be lifted, that is an injunction over the AIR land.
3. An order that the Applicant pay the First Respondent’s costs in these proceedings to the date of dismissal of the proceedings.
4. Alternatively an order is sought that the Applicant provide security for costs to the First Respondent in the sum of $98,700.
5.…
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- Case
- [2003] NSWLEC 197
- Decision Date
CaseChat Overview and Summary
The court found that the Applicant's case was not otiose and that there was no basis to award security for costs. The court held that the Applicant had a special interest in the proceedings, as he had personally been denied procedural fairness. The court also found that the conditions precedent to dismissing the proceedings for want of prosecution had not been satisfied. Finally, the court granted leave to amend the pleadings, subject to notice being given to the proposed new Third Respondent and clarification of the position in relation to the existing Third Respondent.
The court dismissed the First Respondent's application for security for costs, refusal to dismiss the proceedings for want of prosecution, and discharge of the interlocutory injunction. The application to amend the pleadings was stood over pending resolution of the situation with the proposed Third Respondent.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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