Coffs Harbour Environment Centre Inc v State of NSW

[1995] HCATrans 79

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S144 of 1994

B e t w e e n -

COFFS HARBOUR ENVIRONMENT CENTRE INC

Applicant

and

THE STATE OF NEW SOUTH WALES

First Respondent

COFFS HARBOUR CITY COUNCIL

Second Respondent

MINISTER FOR PLANNING

Third Respondent

Application for special leave to appeal

MASON CJ
DEANE J
McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 18 APRIL 1995, AT 9.34 AM

Copyright in the High Court of Australia

_______________________

MR T.F. ROBERTSON:   May it please the Court, I appear for the applicant for special leave.  (instructed by Woolf Associates)

MR K. MASON, QC, Solicitor-General for New South Wales:   If the Court pleases, I appear for the first respondent with my learned friend, MR P.W. LARKIN, (instructed by I.V. Knight, Crown Solicitor for the State of New South Wales) and for the third respondent with my learned friend, MS H.G. MURRELL.  (instructed by C. Hansen, Department of Planning)

If the Court pleases, once my learned friend, Mr Lloyd, has announced his appearance, may I put something to the Court.

MASON CJ:   Yes.

MR D.H. LLOYD, QC:   May it please the Court, I appear for the second respondent.  (instructed by Murray Backhouse Turner)

MASON CJ:   Mr Solicitor.

MR MASON:   As your Honours know from reading the papers, this case concerns a proposed development of an ocean sewerage outfall at Look-At-Me-Now Headland at Coffs Harbour.  I have just received instructions in the matter from the Premier to the effect that the new government has decided that it will not be proceeding with the construction of the outfall.  I informed both my friends of that this morning.  I would ask the Court if it would be disposed to stand the matter down until, say, 12.30 this morning while there could be some discussions between the parties as to what effect that matter has upon the outcome of this particular application and the litigation generally.

MASON CJ:   Is that course agreed in by the other parties?

MR ROBERTSON:   It is, your Honour.

MR LLOYD:   Yes, your Honour.

MASON CJ:   What we will do, Mr Solicitor, is stand the matter down in the list.  It can be mentioned at some suitable time, but perhaps one needs to bear in mind that the list may end earlier than one might ordinarily anticipate.

MR MASON:   Yes, we will endeavour to do that.  Thank you, your Honours.

AT 9.35 AM THE MATTER WAS ADJOURNED
UNTIL LATER THE SAME DAY

UPON RESUMING AT 12.14 PM:

MASON CJ:   Yes, Mr Solicitor.

MR ROBERTSON:   The parties consent to the dismissal of the application.  We would seek costs against the State of New South Wales.

MASON CJ:   Yes.

MR LLOYD:   As the second respondent, we also consent but we also seek costs against the State of New South Wales.

MR MASON:   I do not oppose that order.

MASON CJ:   By consent, the application for special leave is refused with costs against the State of New South Wales.  Mr Lloyd, do you need an order for your costs against the State of New South Wales?

MR LLOYD:   I think I do, your Honour, yes.

MASON CJ:   There will be an order for the costs of the second respondent against the State of New South Wales.

AT 12.16 PM THE MATTER WAS CONCLUDED