Stuart v Minister for Transport [2025] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: Stuart v Minister for Transport [2025] NSWSC 39 Hearing dates: 21 November 2024 Date of orders: 21 November 2024 Decision date: 11 February 2025 Jurisdiction: Common Law - Administrative Law Before: McNaughton J Decision: (1) Declare that Notice issued in the Government Gazette, numbered NSWGG-2024-452-1, on 19 November 2024 is invalid and of no legal effect because it exceeds the powers granted by s 12 of the Marine Safety Act 1998 (NSW). (2) Grant leave for the summons to be amended to include relief claiming a declaration that the previous Notice issued in the Government Gazette, numbered NSWGG-2024-449-11, on 15 November 2024 is invalid and of no legal effect because it exceeds the powers granted by s 12 of the Marine Safety Act 1998 (NSW). (3) Declare that the previous Notice issued in the Government Gazette, numbered NSWGG-2024-449-11, on 15 November 2024 is invalid and of no legal effect because it exceeds the powers granted by s 12 of the Marine Safety Act 1998 (NSW). (4) Order, in the nature of certiorari, quashing the Notice issued in the Government Gazette, numbered NSWGG-2024-452-1, on 19 November 2024 and the former Notice issued in the Government Gazette, numbered NSWGG-2024-449-11, on 15 November 2024. (5) No order as to costs. Catchwords: ADMINISTRATIVE LAW – Marine Safety Act 1998 (NSW) – marine notice under s 12(2) Marine Safety Act 1998 (NSW) – exclusion zone – Newcastle Harbour – protest activity – whether the Notice is invalid and of no legal effect on the grounds it exceeds the powers granted to the Minister for Transport by the Marine Safety Act 1998 (NSW) – whether notice would frustrate or prevent special event from being carried out – notice declared invalid and of no legal effect – no order as to costs made Legislation Cited: Marine Safety Act 1998 (NSW), Pt 2 Div 1, ss 3, 12–14, 18, 88 Interpretation Act 1987 (NSW), s 3, 33, Sch 4 Crimes (Sentencing Procedure) Act 1999 (NSW), s 17 Marine Safety Regulation 2016 (NSW), regs 97–100, Sch 11 Cases Cited: Commissioner of Police v Coglin [2024] NSWSC 1412 Tabcorp Holdings Limited v State of Victoria [2016] HCA 4 Texts Cited: New South Wales Government Gazette, No 449, 15 November 2024 New South Wales Government Gazette, No 452, 19 November 2024 Category: Principal judgment Parties: Alexa Stuart on behalf of Rising Tide (Plaintiff) Minister for Transport (Defendant) Representation: Counsel: F Graham / J Razi (Plaintiff) D Hume (Defendant) File Number(s): 2024/00432827 Publication restriction: Nil