Shepherd v Eurobodalla Shire Council [2024] NSWSC 1112

Supreme Court New South Wales

Medium Neutral Citation: Shepherd v Eurobodalla Shire Council [2024] NSWSC 1112 Hearing dates: 2 February 2024 Date of orders: 29 August 2024 Decision date: 29 August 2024 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court issues an order in the nature of certiorari, quashing the decision of the Defendant on 21 November 2023 seeking to approve the Survey Plan No. P-FY20232074 dated 9 August 2023 for the purpose of identifying the boundaries of the Public Road traversing land normally described as Lot 197 DP 752151. (2) The Court restrains the Defendant from registering Survey Plan No. P‑FY20232074 dated 9 August 2023, which seeks to identify the boundaries of a Public Road within Lot 197 DP 752151 with Land Registry Services New South Wales. (3) An order in the nature of prohibition enjoining the Defendant from treating the aforesaid decision of 21 November 2023 as valid and enabling works or other conduct on the allegedly depicted road. (4) The Defendant shall pay the Plaintiff's costs of and incidental to these proceedings. Catchwords: Administrative Law - Judicial Review – Judicial Review of Council decision to approve plan that identified the boundaries of a public road – certiorari ordered Legislation Cited: Roads Act 1993 (NSW) Local Government Act 1993 (NSW) Interpretation Act 1987 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Civil Liability Act 2002 (NSW) Land Acquisition (Just Terms Compensation) Act 1991 (NSW) Cases Cited: R v Gray; ex parte Marsh & Bali (1985) 157 CLR 351; [1985] HCA 67 Cavric v Willoughby City Council (2015) 89 NSW LR 461; [2015] NSW CA 182 Category: Principal judgment Parties: Roy James Shepherd (Plaintiff) Eurobodalla Shire Council (Defendant) Representation: Counsel: I J Hemmings SC and L F Sims (Plaintiff) J J Hutton SC and Z Graus (Defendant)