Kirkman v Minister Administering the Crown Lands Act (No. 3) [2021] NSWSC 730

Supreme Court New South Wales

Medium Neutral Citation: Kirkman v Minister Administering the Crown Lands Act (No. 3) [2021] NSWSC 730 Hearing dates: Decided on the papers. Date of orders: 5 July 2021 Decision date: 05 July 2021 Jurisdiction: Equity Before: Slattery J Decision: Application for judicial review dismissed. Submissions invited in relation to an appropriate order for costs. Catchwords: ADMINISTRATIVE LAW – the applicant seeks judicial review of a 2017 decision made by the Minister Administering the Crown Lands Act 1989, the first respondent – the Court published a judgment on 30 October 2020 resolving a number of issues raised by the plaintiff – the Court invited further submissions from the Minister and submissions in reply from the applicant on two outstanding issues – the first issue being whether the applicant and second defendant's enclosure permits remained in conflict over a disputed portion of Crown road at the time of the 2017 decision – and if the enclosure permits are in conflict, whether that conflict requires resolution – the second issue being whether the Crown road is now enclosed, such that the enclosure permits can be lawfully cancelled. Legislation Cited: Crown Lands Act 1989, ss 67(1)(c), 67(1)(d) Roads Act 1993, Part 4, Division 2, s 37 Uniform Civil Procedure Rules 2005, r 6.11 Cases Cited: Kirkman v Minister Administering the Crown Lands Act [2019] NSWSC 1683 Kirkman v Minister Administering the Crown Lands Act (No. 2) [2020] NSWSC 1494 Kirkman v Minister Administering the Crown Lands Act 1989 [2016] NSWSC 1876 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Category: Consequential orders Parties: Plaintiff: Jennifer Kirkman First Defendant: Minister Administering the Crown Lands Act Second Defendant: Geoffrey Robert Wood & Jan Margaret Wood Representation: Counsel: Plaintiff: S. Berveling