Carriage v Stockland Development Pty Ltd & Ors

The Applicant is unsuccessful in relation to this ground. Summary 99 In relation to Grounds 1 and 2, the parties are required to make further submissions as to the appropriate orders the Court should make. I consider that it is appropriate that I list this matter for mention only in the week commencing 11 October 2004 so that a timetable for these further submissions can be set.

In relation to Ground 3, judgment is postponed pending finalisation of orders in relation to Grounds 1 and 2.

In relation to Grounds 4 and 5, the Applicant is unsuccessful. The following interlocutory order made by the Court on 20 November 2003 in relation to the AIR land is dissolved: The First Respondent, its employees, contractors, servants and agents are restrained from carrying out any work which involves the disturbance of any soil stockpiled on the land described as Lot 2 DP 595478, the AIR land, taken from the Sandon Point Construction Site Stages 2-6 and the taking of further soil to the AIR land from the Sandon Point Construction Site Stages 2-6 until the further order of this Court. Orders 100 The Court makes the following orders: 1. The interlocutory injunction issued by the Court on 20 November 2002 is dissolved. 2. The matter is listed for mention before me at 9:30 am on 13 October 2004. 3. The question of costs is reserved.