Seek Justice Pty Ltd v State of New South Wales [2024] NSWSC 1358

Supreme Court New South Wales

Medium Neutral Citation: Seek Justice Pty Ltd v State of New South Wales [2024] NSWSC 1358 Hearing dates: 9 August 2024 Date of orders: 30 October 2024 Decision date: 30 October 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The first defendant is renamed "the State of NSW"; (2) The summons is dismissed; and (3) The parties should confer and if costs are not agreed, the State and the Council should provide short written submissions about the proposed costs order within 7 days and Seek Justice should file and serve any submissions it wishes to advance, within a further 7 days. Catchwords: ADMINISTRATIVE LAW — standing — judicial review proceedings brought under the Supreme Court Act 1970 (NSW) — whether plaintiff has interest in proceedings beyond that of ordinary member of the public — where plaintiff pursues relief in public interest — where plaintiff pursues no personal right in proceedings — where plaintiff does not seek to gain advantage from proceedings — plaintiff does not have standing CIVIL PROCEDURE — summary disposal — dismissal of proceedings — whether plaintiff's claims are so obviously untenable that they cannot possibly succeed — where plaintiff did not put on submissions or evidence to advance its case — where this Court not empowered to grant some of the relief sought by the plaintiff — where plaintiff's judicial review application is misconceived CIVIL PROCEDURE — hearings — adjournment — where plaintiff requested adjournment by email to associate — where plaintiff had not complied with timelines for filing evidence and submissions — where plaintiff did not file submissions — where no explanation for failure to comply with court orders was given — where plaintiff was self-represented — adjournment application denied at hearing COSTS — security for costs — where plaintiff corporation produced no bank statements or tax returns or list of assets — plaintiff impecunious COURTS AND JUDGES — bias — where plaintiff alleged bias at hearing — where plaintiff was self-represented — where plaintiff disagreed with judge's decisions — bias not established Legislation Cited: Government Information (Public Access) Act 2009 (NSW), ss 8, 129 Government Information (Public Access) Regulation 2018 Supreme Court Act 1970 (NSW), ss 23, 65, 66, 69, 75 Local Government Act 1993 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 42.21, Pt 59 Environmental Planning and Assessment Act 1979 (NSW), s 9.45 Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), s 1335 Constitution Act 1902 (NSW), s 5 Commonwealth Constitution, ss 51, 109, 118 Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 Australian Conservation Foundation Inc v Commonwealth (1980) 146 CLR 493; [1980] HCA 53 Seek Justice Pty Ltd v Minister for Planning [2022] NSWLEC 127 Unions NSW v New South Wales (2023) 277 CLR 627; [2023] HCA 4 Oshlack v Richmond River Council (1988) 193 CLR 72; [1998] HCA 11 Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256; [2006] HCA 27 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405 NSW v The Commonwealth (the Wheat Case) (1915) 20 CLR 54; [1915] HCA 17 Peterswald v Bartley (1904) 1 CLR 497; [1904] HCA 21 Union Steamship Company of Australia Pty Ltd v King (1988) 166 CLR 1; [1988] HCA 55 Commonwealth Constitution Spence v Queensland (2019) 268 CLR 355; [2019] HCA 15 BHP Billiton Ltd v Schultz (2004) 221 CLR 400; [2004] HCA 61 Category: Principal judgment Parties: Seek Justice Pty Ltd (Plaintiff) State of New South Wales (First Defendant) Blue Mountains City Council (Second Defendant) Representation: Counsel: I Jeray (Plaintiff) (in person) A Sapienza (First Defendant) C Ireland (Second Defendant)