Donnelly and Anor. -V- Ross Mining N/L and Ors. [1999] NSWLEC 141

Donnelly and Anor. -V- Ross Mining N/L and Ors. [1999] NSWLEC 141

The Court granted inspection because the evidence showed that log dumps relevant to the alleged recent Timbarra Road works were apparently located on properties owned or occupied by Mr Watson and Mr Petrie, giving a sufficient connection between those lands and the subject matter of the proceedings. The objections that the inspection would be useless or that the locations were insufficiently delineated did not justify refusal, and concerns of the landowners could be addressed by permitting attendance by National Parks and Wildlife Service officers and landowner representatives.

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Class 4 Application Involving Allegations of Breach of Planning Laws / Interlocutory Notice of Motion for Access and Property Inspection
Outcome
Application for access and property inspection granted; procedural directions made; costs reserved; applications for costs by Mr Watson and Mr Petrie refused.
Legal Topics
['inspection of Properties Owned or Occupied by Non Parties' 'access to Land for Expert Evidence' 'threatened Fauna Habitat' 'timbarra Road Works and Log Dumps']
['practice and Procedure' 'planning Law' 'environmental Law'] ['inspection of Properties Owned or Occupied by Non Parties' 'access to Land for Expert Evidence' 'threatened Fauna Habitat' 'timbarra Road Works and Log Dumps']

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Procedural Posture

Class 4 Application Involving Allegations of Breach of Planning Laws / Interlocutory Notice of Motion for Access and Property Inspection

Legal Issues

  1. 1 ['Whether the applicants should be granted access for their ecologist and botanist to inspect properties adjacent to Timbarra Road owned or occupied by non-parties Mr Petrie and Mr Watson.' 'Whether opposition by the affected landowners and objections about usefulness and lack of precise delineation justified refusing inspection.' 'Whether conditions should be imposed concerning attendance by National Parks and Wildlife Service officers and representatives of the landowners.']

Ratio Decidendi

The Court granted inspection because the evidence showed that log dumps relevant to the alleged recent Timbarra Road works were apparently located on properties owned or occupied by Mr Watson and Mr Petrie, giving a sufficient connection between those lands and the subject matter of the proceedings. The objections that the inspection would be useless or that the locations were insufficiently delineated did not justify refusal, and concerns of the landowners could be addressed by permitting attendance by National Parks and Wildlife Service officers and landowner representatives.

Court Disposition

Application for access and property inspection granted; procedural directions made; costs reserved; applications for costs by Mr Watson and Mr Petrie refused.

Orders

  • ['Order sought in paragraph 1 of the Notice of Motion filed on 20 April 1999 granted, for inspection on 12 and 13 May 1999 by Mr Milledge and Ms McKinley, with possible participation by an officer or officers of the National Parks and Wildlife Service and a person nominated to represent Mr Watson and/or Mr Petrie.'...