Carriage v Stockland Development Pty Limited & Ors [No 11] [2005] NSWLEC 455

Carriage v Stockland Development Pty Limited & Ors [No 11] [2005] NSWLEC 455

The Court held the issue of environmental harm as a result of fill placement may be reconsidered for the purpose of remediation orders under the EP&A Act, declined to order the First Respondent to pay for Applicant's expert data collection, and required further consideration before allowing additional cultural heritage evidence.

Jurisdiction
Australia
Judgment Date
22 August 2005
Procedural Posture
Class 4 Proceedings / Interlocutory Application Regarding Scope of Evidence and Costs for Expert Testing
Outcome
Interlocutory orders made; costs reserved; further steps directed
Legal Topics
['remediation Orders' 'expert Evidence' 'costs Orders' 'cultural Heritage Evidence']
['environmental Law' 'practice and Procedure'] ['remediation Orders' 'expert Evidence' 'costs Orders' 'cultural Heritage Evidence']

Case Brief

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Procedural Posture

Class 4 Proceedings / Interlocutory Application Regarding Scope of Evidence and Costs for Expert Testing

Legal Issues

  1. 1 ['Whether harm caused by fill can be reconsidered for remediation under s 124(2)(c) of the Environmental Planning and Assessment Act 1979' 'Whether the First Respondent should be ordered to pay costs of further expert testing' 'Whether additional cultural heritage evidence should be permitted']

Ratio Decidendi

The Court held the issue of environmental harm as a result of fill placement may be reconsidered for the purpose of remediation orders under the EP&A Act, declined to order the First Respondent to pay for Applicant's expert data collection, and required further consideration before allowing additional cultural heritage evidence.

Court Disposition

Interlocutory orders made; costs reserved; further steps directed

Orders

  • ['That the parties file appropriate short minutes of order reflecting the findings in this judgment on or before 12.00 pm on Friday 26 August 2005.' 'That costs be reserved.']