Fast Buck$ & 1 Ors v Dudley Pastoral Co P/L & 1 Ors; Byron Shire Council v Fast Buck$ & 1 Ors [2003] NSWCA 126

Fast Buck$ & 1 Ors v Dudley Pastoral Co P/L & 1 Ors; Byron Shire Council v Fast Buck$ & 1 Ors [2003] NSWCA 126

Appeal failed because (1) CBCL Pty Limited, the land owner, was not joined as a party—no effective relief could be granted; (2) no requirement for independent contamination reporting in Condition C6 or under ANZECC/EPA guidelines; (3) Council's conduct did not amount to disentitling conduct regarding costs, thus...

Source-derived case information.

Parties
Appellant: Fast Buck$; Appellant: Terence Hamill; Respondent: Dudley Pastoral Co Pty Limited; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Appeal and Application for Leave to Appeal / Court of Appeal Decision
Outcome
Appeal dismissed (CA 40731/01); Leave to appeal granted and appeal allowed on costs (CA 40630/02)
Legal Topics
Jurisdictional Basis for Relief, Joinder of Parties, Site Contamination Audit, Requirements Under Development Consent, Disentitling Conduct in Costs Orders
Practice and Procedure Environmental and Planning Law Costs Jurisdictional Basis for Relief Joinder of Parties Site Contamination Audit Requirements Under Development Consent Disentitling Conduct in Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fast Buck$

Appellant

Terence Hamill

Appellant

Dudley Pastoral Co Pty Limited

Respondent

Byron Shire Council

Respondent

Procedural Posture

Appeal and Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the orders sought had a jurisdictional basis
  2. 2 Whether CBCL Pty Limited, the current land owner, should have been joined as a party
  3. 3 Whether Condition C6 required an independent assessor

Ratio Decidendi

Appeal failed because (1) CBCL Pty Limited, the land owner, was not joined as a party—no effective relief could be granted; (2) no requirement for independent contamination reporting in Condition C6 or under ANZECC/EPA guidelines; (3) Council's conduct did not amount to disentitling conduct regarding costs, thus costs should follow the event.

Court Disposition

Appeal dismissed (CA 40731/01); Leave to appeal granted and appeal allowed on costs (CA 40630/02)

Orders

  • In proceedings 40731/01 - Appeal dismissed; Appellants pay respondents' costs.
  • In proceedings 40630/02 - Time for applying for leave to appeal extended to 19 July 2002; Leave to appeal granted and notice of appeal to be filed within 7 days; Appeal allowed; Order that no order for costs be made in favour of the second respondent set aside and substituted with applicants to pay costs of second...