Jeffman Pty Limited v Environment Protection Authority [2014] NSWLEC 76

Jeffman Pty Limited v Environment Protection Authority [2014] NSWLEC 76

It is just and proper to release Sydney Water from its undertaking as the basis for the undertaking is no longer relevant due to the management order requiring EISB, changed circumstances including the difficulty and cost of remediation, concerns regarding EISB infrastructure, efficiencies in remediation as part of redevelopment, and failed negotiations for Jeffman to acquire Sydney Water land.

Parties
Applicant: Jeffman Pty Ltd; Applicant: ACN 002 408 040 Pty Ltd (formerly known as Lawrence Dry Cleaners Pty Ltd); First Respondent: Environment Protection Authority; Second Respondent: Sydney Water Corporation; Third and Fourth Respondents: Douglas and Hilary Hutchinson
Jurisdiction
Australia
Judgment Date
02 June 2014
Procedural Posture
Appeal / Application for Release From Undertaking
Outcome
Application granted
Legal Topics
Remediation of Contaminated Land, Release From Undertaking, Management Orders
Environmental Law Civil Procedure Remediation of Contaminated Land Release From Undertaking Management Orders

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Parties

Jeffman Pty Ltd

Applicant

ACN 002 408 040 Pty Ltd (formerly known as Lawrence Dry Cleaners Pty Ltd)

Applicant

Environment Protection Authority

First Respondent

Sydney Water Corporation

Second Respondent

Douglas and Hilary Hutchinson

Third and Fourth Respondents

Procedural Posture

Appeal / Application for Release From Undertaking

Legal Issues

  1. 1 Whether change in circumstances made it just and proper to discharge continuance of undertaking to remediate minor contamination

Ratio Decidendi

It is just and proper to release Sydney Water from its undertaking as the basis for the undertaking is no longer relevant due to the management order requiring EISB, changed circumstances including the difficulty and cost of remediation, concerns regarding EISB infrastructure, efficiencies in remediation as part of redevelopment, and failed negotiations for Jeffman to acquire Sydney Water land.

Court Disposition

Application granted

Orders

  • Release Sydney Water Corporation from the undertaking it gave to the Court on 7 December 2010 in terms of the document headed 'Commitment to remediate minor contamination'.
  • No order as to the costs of Sydney Water's notice of motion filed on 16 May 2014.