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sydney alternative media - non-profit community independent trustworthy
Friday, 27 June 2008
Coca Cola water bottling case: Draft short order of minutes for court consideration today
Mood:  chatty
Topic: legal

As filed last Wednesday to accompany the penultimate post here on submission for party/intervenor joinder by community objector Neville Diamond, which may be approved, or in part or rejected by the court today 27 June 2008:

[DRAFT short minute of orders sought]

The Court directs that:


1. The Objector Neville Diamond (The Party) be joined as a party/intervenor to these proceedings.


2. That the Party file a statement of facts and contentions by _____. with the Court to be served, by _____


3. That the First Respondent produce the Council file for discovery by the Party, by _______


4. That the First Respondent produce the Green Folder referred to in the affidavit of 13th June 2008 of the Party provided to it by the Court Registry at finalisation of the related original proceedings in 2005 on the decision of Commissioner Tim Moore, by ____


5. That the Applicant or other representative of  Coca Cola Amatil and First Respondent commence mediation through the Land & Environment Court with the Party with a view to reinstituting the trial mandated by Commissioner Tim Moore in 2005, and other consent conditions deemed appropriate such as

- ban on bulk export of water from the development,

- rehabilitation of the unnamed water course and

- need for an annual report by Coca Cola Amatil on compliance with council consent conditions and Department of Water and Energy water licenses, any other matters that arise.


6. That the report of the Court Appointed Expert Anthony Lane (CAE) be provided to the Party immediately it is available or filed as the case may be due on 21st July 2008;


7. That the CAE provide his full resume to the Party by

_______ .

8. That the CAE provide a sworn statement disclaiming any professional involvement with the Coca Cola Amatil and/or their expert Dr Beck such as joint academic papers, joint conference presentations, student – teacher relations, joint projects, same clients in the past (including but not limited to Coca Cola Amatil) that both he and hydrologist Dr Beck have worked for at the same time. Conversely a description of the social relationship with Dr Beck. To be provided by _________


9. That each party pay it’s own costs in relation to the application for joinder as party/intervenor.




David Kettle, C/- Yvonne McKay, Coca Cola Amatil (Aust) Pty. Limited, 71 Circular Quay East, Sydney NSW 2000


By hand and email


:Gosford City Council, via P. J. Donnellan & Co, Solicitors 91-99 Mann St GOSFORD NSW 2250 DX 7206 GOSFORD tel. 4324 3988, 4323 1623, by their city agents: Wiltshire Webb 379 Kent St SYDNEY NSW 2000, DX 13027 Syd Market St Tel. 9299 3311


By email to Robert Byrd of Donnellan & Co by consent.


The Objector Neville Diamond’s address for service via his agent:


C/- Tom McLoughlin, Ecology Action Sydney



Posted by editor at 8:24 AM NZT
Updated: Saturday, 28 June 2008 9:58 AM NZT

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