Mangrove Mountain Quarries Pty. Limited v. Barlow & Anor. [2007] NSWCA 132

Mangrove Mountain Quarries Pty. Limited v. Barlow & Anor. [2007] NSWCA 132

Having regard to the term of the licence, the appeal should be expedited. The stay and protection of quarry operations should be granted subject to conditions because the main disputes concerned appropriate conditions and unresolved responsibility for rehabilitation costs; a fund of $5,000 for each month operations continue was an appropriate price for the interlocutory relief, together with undertakings to construct the bore and extend road sealing within twenty-eight days.

Jurisdiction
Australia
Judgment Date
04 June 2007
Procedural Posture
Appeal / Interlocutory Application for Stay, Restraint and Expedition of the Appeal
Outcome
Orders made in accordance with Short Minutes of Order initialled and dated, and placed with the Court file.
Legal Topics
['interlocutory Relief' 'stay of Orders Pending Appeal' 'conditions of Interlocutory Relief' 'expedition of Appeal' 'quarry Licence' 'rehabilitation Obligations']
['practice and Procedure' 'civil Appeals' 'equity'] ['interlocutory Relief' 'stay of Orders Pending Appeal' 'conditions of Interlocutory Relief' 'expedition of Appeal' 'quarry Licence' 'rehabilitation Obligations']

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Procedural Posture

Appeal / Interlocutory Application for Stay, Restraint and Expedition of the Appeal

Legal Issues

  1. 1 ['Whether the appeal should be expedited.' "Whether orders made by Windeyer J on 17 May 2007 should be stayed and the appellant's quarry operations protected pending appeal." 'What conditions should attach to the grant of interlocutory relief, including conditions concerning construction of a bore, sealing of the access road and rehabilitation obligations.']

Ratio Decidendi

Having regard to the term of the licence, the appeal should be expedited. The stay and protection of quarry operations should be granted subject to conditions because the main disputes concerned appropriate conditions and unresolved responsibility for rehabilitation costs; a fund of $5,000 for each month operations continue was an appropriate price for the interlocutory relief, together with undertakings to construct the bore and extend road sealing within twenty-eight days.

Court Disposition

Orders made in accordance with Short Minutes of Order initialled and dated, and placed with the Court file.

Orders

  • ['The appeal was expedited.' 'The orders made by Windeyer J on 17 May 2007 were stayed, subject to conditions.' 'The quarry operations were protected, subject to conditions.' 'The appellant was to undertake to construct the bore and extend the sealing of the access road to the wheel-washing facility within...