Forrester v Messner [2003] NFSC 3

SUPREME COURT OF NORFOLK ISLAND

Forrester v Messner [2003] NFSC 3

ADMINISTRATIVE LAW – Subdivision application – Application refused by Administrator – Whether Administrator erred in law in applying the Planning (Subdivision) Code – Whether Administrator's decision was void for unreasonableness – Whether members of Planning Board made a manifestly unreasonable decision in concluding that the circumstances of the application were not "exceptional" within the meaning of relevant moratorium legislation. Subdivision (Moratorium) Act 2000 (NI) ss 3, 5 Subdivision Act 1996 (NI) s 8 Planning (Subdivision) Code (NI) cll 1, 2 JOHN KENNETH FORRESTER v ANTHONY JOHN MESSNER as ADMINISTRATOR OF NORFOLK ISLAND SC 8 of 2002 JOHN KENNETH FORRESTER v TRACEY LOUISE YAGER as a MEMBER OF THE PLANNING BOARD, GEORGE RALPH WESLAKE as a MEMBER OF THE PLANNING BOARD, AARON VINCENT GRAHAM as a MEMBER OF THE PLANNING BOARD and TREVOR PAUL GOW as a MEMBER OF THE PLANNING BOARD SC 9 of 2002 WILCOX J 20 JUNE 2003 SYDNEY (HEARD AT NORFOLK ISLAND)

IN THE SUPREME COURT

OF NORFOLK ISLAND SC 8 of 2002

BETWEEN: JOHN KENNETH FORRESTER

PLAINTIFF

AND: ANTHONY JOHN MESSNER as the ADMINISTRATOR OF NORFOLK ISLAND

DEFENDANT

JUDGE: WILCOX J

DATE OF ORDER: 20 JUNE 2003

WHERE MADE: SYDNEY (HEARD AT NORFOLK ISLAND)

THE COURT ORDERS THAT: 1. The proceeding be dismissed. 2. The plaintiff, John Kenneth Forrester, pay to the defendant, Anthony John Messner, his costs of the proceeding.

IN THE SUPREME COURT

OF NORFOLK ISLAND SC 9 of 2002

BETWEEN: JOHN KENNETH FORRESTER

PLAINTIFF

AND: TRACEY LOUISE YAGER as a MEMBER OF THE PLANNING BOARD

FIRST DEFENDANT

GEORGE RALPH WESLAKE as a MEMBER OF THE PLANNING BOARD