NRMCA (NSW) Limited v Ready Crete Pty Limited & Anor [1989] NSWLEC 208

NRMCA (NSW) Limited v Ready Crete Pty Limited & Anor [1989] NSWLEC 208

It is appropriate and proper to make the declaration that the plant is capable of manufacturing more than 20,000 tonnes per annum and is designated; no injunction is made due to discretionary factors, including a subsequent valid designated development consent, respondent’s admissions, and public interest.

Jurisdiction
Australia
Judgment Date
22 June 1989
Procedural Posture
Application for Declarations and Injunctions / Judgment
Outcome
Declaration made. Injunction refused. Orders as to costs and motion.
Legal Topics
['development Consent' 'designated Development' 'injunctions' 'declarations']
['environmental Law' 'planning Law'] ['development Consent' 'designated Development' 'injunctions' 'declarations']

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Procedural Posture

Application for Declarations and Injunctions / Judgment

Legal Issues

  1. 1 ["Whether the concrete batching plant was a 'designated development' under the Environmental Planning and Assessment Act" 'Whether the consent granted by Campbelltown City Council on 10 August 1988 was null and void' 'Whether an injunction should be granted restraining operations at the plant']

Ratio Decidendi

It is appropriate and proper to make the declaration that the plant is capable of manufacturing more than 20,000 tonnes per annum and is designated; no injunction is made due to discretionary factors, including a subsequent valid designated development consent, respondent’s admissions, and public interest.

Court Disposition

Declaration made. Injunction refused. Orders as to costs and motion.

Orders

  • ['Declaration in terms of paragraph 1 of the application that the plant is designated and capable of producing more than 20,000 tonnes per annum.' "First respondent to pay applicant's and second respondent's costs of the application." 'Notice of Motion of 20 June 1989 is dismissed.' "First respondent to pay...