Carriage v Stockland Development Pty Limited & Ors [2004] NSWLEC 321

Carriage v Stockland Development Pty Limited & Ors [2004] NSWLEC 321

Given the arguable merits of aspects of Mr Carriage's case and his special, impecunious status as Aboriginal Elder with particular relationship to the land, it would be inappropriate to exercise discretion to order security for costs at this stage.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Class 4 / Interlocutory Application for Security for Costs
Outcome
Application for security for costs dismissed
Legal Topics
['security for Costs' 'procedural Fairness' 'integrated Development Applications' 'standing in Environmental Cases' 'destruction of Aboriginal Artefacts']
['environmental Law' 'administrative Law' 'aboriginal Heritage Law' 'civil Procedure'] ['security for Costs' 'procedural Fairness' 'integrated Development Applications' 'standing in Environmental Cases' 'destruction of Aboriginal Artefacts']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether the Director-General failed to provide procedural fairness before granting relevant consents' 'Whether consents were granted in breach of s 90 of the National Parks and Wildlife Act 1974' 'Whether development applications should have been processed as integrated development under s 91 of the Environmental Planning and Assessment Act 1979' 'Whether ongoing investigations into breaches of s 90 should have affected the grant of consents' 'Whether relief can be granted for breaches of law prior to the grant of consents' 'Whether security for costs should be ordered against an impecunious Aboriginal Elder with special relationship to land']

Ratio Decidendi

Given the arguable merits of aspects of Mr Carriage's case and his special, impecunious status as Aboriginal Elder with particular relationship to the land, it would be inappropriate to exercise discretion to order security for costs at this stage.

Court Disposition

Application for security for costs dismissed

Orders

  • ['Application for security for costs is dismissed']