IOF Custodian Pty Limited atf the 105 Miller Street North Sydney Trust v Special Minister of State [2022] NSWLEC 86

Land and Environment Court New South Wales

Medium Neutral Citation: IOF Custodian Pty Limited atf the 105 Miller Street North Sydney Trust v Special Minister of State [2022] NSWLEC 86 Hearing dates: 27, 28 and 29 April 2022 Date of orders: 15 July 2022 Decision date: 15 July 2022 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs 109 and 110 Catchwords: JUDICIAL REVIEW — challenge to Special Minister for State's direction to list MLC Building on State Heritage Register — ss 32 and 34 of Heritage Act 1977 (NSW) — whether Minister failed to consider mandatory considerations pursuant to ss 32(1)(c) and 32(1)(d) of Heritage Act 1977 (NSW) — consideration of reasons provided by Minister — whether inference can be drawn from documentary material that Minister considered mandatory considerations — Minister failed to consider mandatory relevant considerations — decision of Minister set aside and invalid and/or of no effect — Heritage Council to remove listing of the MLC Building from State Heritage Register Legislation Cited: Heritage Act 1977 (NSW) Cases Cited: AIJ19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) 168 ALD 331 Australians for Sustainable Development Inc v Minister for Planning (2011) 182 LGERA 370 Azriel v NSW Land & Housing Corp [2006] NSWCA 372 Bat Advocacy NSW Inc v Minister for the Environment Protection, Heritage and the Arts (2011) 180 LGERA 99 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 City of Botany Bay Council v Minister for Transport and Regional Development (1999) 106 LGERA 287 Cunliffe v Minister for Immigration and Citizenship (2012) 129 ALD 233 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 395 ALR 403 Mulligan v National Disability Insurance Agency (2015) 233 FCR 201 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 Taulahi v Minister for Immigration and Border Protection (2016) 246 FCR 146 Wattie v Industrial Relations Secretary on behalf of Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Category: Principal judgment Parties: IOF Custodian Pty Limited atf the 105 Miller Street North Sydney Trust (Applicant) Special Minister of State (First Respondent) Heritage Council of New South Wales (Second Respondent) Representation: Counsel: A Galasso SC and J Taylor (Applicant) Submitting Appearance (First Respondent) A Shearer (Second Respondent)