The Anson Bay Company (Australia) Pty Limited & Anor v Bob Blakemore Pty Limited & Anor [1989] NSWLEC 178

The Anson Bay Company (Australia) Pty Limited & Anor v Bob Blakemore Pty Limited & Anor [1989] NSWLEC 178

It is inappropriate to strike out any part of the application at this stage because the Court cannot yet determine whether all the facts and orders are sufficiently connected, and proper exercise of discretion should wait until all evidence and submissions are received.

Parties
First Applicant: The Anson Bay Company (Australia) Pty Ltd; Second Applicant: Lake Macquarie City Council; First Respondent: Bob Blakemore Pty Limited; Second Respondent: Doug Blakemore Excavations Pty Ltd
Jurisdiction
Australia
Judgment Date
17 April 1989
Procedural Posture
Application / Motion to Strike Out Parts of Amended Application
Outcome
Motion by first and second respondents to strike out part of application refused.
Legal Topics
Jurisdiction of Land and Environment Court, Incidental Powers, Strike Out Application
Environmental Law Court Jurisdiction Jurisdiction of Land and Environment Court Incidental Powers Strike Out Application

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Parties

The Anson Bay Company (Australia) Pty Ltd

First Applicant

Lake Macquarie City Council

Second Applicant

Bob Blakemore Pty Limited

First Respondent

Doug Blakemore Excavations Pty Ltd

Second Respondent

Procedural Posture

Application / Motion to Strike Out Parts of Amended Application

Legal Issues

  1. 1 Does the Land and Environment Court have jurisdiction to determine all claims in the amended application, including those relating to licensing agreements?
  2. 2 Should paragraphs D.3 and D.4 of the amended application be struck out as outside jurisdiction?

Ratio Decidendi

It is inappropriate to strike out any part of the application at this stage because the Court cannot yet determine whether all the facts and orders are sufficiently connected, and proper exercise of discretion should wait until all evidence and submissions are received.

Court Disposition

Motion by first and second respondents to strike out part of application refused.

Orders

  • Motion to strike out paragraphs D.3 and D.4 of the Amended Application refused.