Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 8) [2013] NSWLEC 168

Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd (No 8) [2013] NSWLEC 168

The court has no jurisdiction under the reserved liberty to apply to re-open or substantially vary the substance of its final remediation and waste removal orders because doing so would traverse adjudicated issues, contravening principles of finality; the power is limited to implementation and machinery matters arising after orders are made. Alternatively, even if jurisdiction existed, no sufficient cause or changed circumstances were shown to warrant departing from the final orders, and the evidence proffered amounted to reargument of previously determined questions.

Jurisdiction
Australia
Judgment Date
03 October 2013
Procedural Posture
Civil Enforcement Class 4 / Motion to Vary Final Orders Under Liberty to Apply
Outcome
Application to vary final orders dismissed with costs against the responding parties.
Legal Topics
['finality of Litigation' 'liberty to Apply' 'variation of Final Orders' 'civil Enforcement' 'waste Management' 'remediation of Contaminated Land']
['environmental Law' 'civil Procedure'] ['finality of Litigation' 'liberty to Apply' 'variation of Final Orders' 'civil Enforcement' 'waste Management' 'remediation of Contaminated Land']

Case Brief

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Procedural Posture

Civil Enforcement Class 4 / Motion to Vary Final Orders Under Liberty to Apply

Legal Issues

  1. 1 ["Whether the Court has power to vary final orders under 'liberty to apply'" "Scope of 'liberty to apply' in final orders" 'Whether sufficient cause exists to re-open or vary previous remediation orders']

Ratio Decidendi

The court has no jurisdiction under the reserved liberty to apply to re-open or substantially vary the substance of its final remediation and waste removal orders because doing so would traverse adjudicated issues, contravening principles of finality; the power is limited to implementation and machinery matters arising after orders are made. Alternatively, even if jurisdiction existed, no sufficient cause or changed circumstances were shown to warrant departing from the final orders, and the evidence proffered amounted to reargument of previously determined questions.

Court Disposition

Application to vary final orders dismissed with costs against the responding parties.

Orders

  • ['The notice of motion filed by the first, second and third respondents is dismissed.' "The first, second and third respondents are to pay the applicant's costs of and incidental to the notice of motion." 'The exhibits are to be returned.']