Williams v Homestake Australia Limited and Ors. [2002] NSWLEC 155

Williams v Homestake Australia Limited and Ors. [2002] NSWLEC 155

The Court had power to order inspection both under Part 25 Rule 8 of the Supreme Court Rules as adopted by the Court and by reference to undertakings accepted when the injunction was discharged. Inspection of the cleared areas and collected relics served a legitimate forensic purpose because the existence, nature, scale and location of collected relics were relevant to whether other similar relics might exist on or under the relevant land and to whether the respondents had complied with their undertakings and the permit. In the interests of justice the Applicant and his consulting archaeologist(s) were entitled to inspect the property and collected relics, subject to appropriate safety...

Jurisdiction
Australia
Judgment Date
11 September 2002
Procedural Posture
Class 4 Application; Notice of Motion for Inspection of Property and Relics / Interlocutory Motion
Outcome
Notice of Motion granted in part; order made for inspection of the property and collected relics subject to conditions.
Legal Topics
['inspection of Property' 'inspection of Aboriginal Relics' 'national Parks and Wildlife Act Permit' 'undertakings to the Court' 'interlocutory Orders']
['practice and Procedure' 'environmental Law' 'aboriginal Cultural Heritage' 'mining'] ['inspection of Property' 'inspection of Aboriginal Relics' 'national Parks and Wildlife Act Permit' 'undertakings to the Court' 'interlocutory Orders']

Case Brief

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Procedural Posture

Class 4 Application; Notice of Motion for Inspection of Property and Relics / Interlocutory Motion

Legal Issues

  1. 1 ['Whether the Court had power to order inspection of property and collected relics sought by the Applicant.' 'Whether inspection of the collected relics and cleared areas served a legitimate forensic purpose in the outstanding proceedings.' 'What conditions should be imposed on any inspection of the property and relics.']

Ratio Decidendi

The Court had power to order inspection both under Part 25 Rule 8 of the Supreme Court Rules as adopted by the Court and by reference to undertakings accepted when the injunction was discharged. Inspection of the cleared areas and collected relics served a legitimate forensic purpose because the existence, nature, scale and location of collected relics were relevant to whether other similar relics might exist on or under the relevant land and to whether the respondents had complied with their undertakings and the permit. In the interests of justice the Applicant and his consulting archaeologist(s) were entitled to inspect the property and collected relics, subject to appropriate safety...

Court Disposition

Notice of Motion granted in part; order made for inspection of the property and collected relics subject to conditions.

Orders

  • ['The property comprising lots 23 and 24 Deposited Plan 753097 and the adjacent Lake Cowal Wildlife Management Area and the relics located therein, including relics collected pursuant to the Permit issued on 23 May 2002 under the National Parks and Wildlife Act, s 87, may be inspected by the Applicant and his...