FAY v THE ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES [NO 2] [1991] NSWCA 93

FAY vy THE ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES [NO 2]

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, SAMUELS and PRIESTLEY JJA 4 and 5 July 1991, 22 August 1991

[1991] NSWCA 93

ADMINISTRATIVE LAW — procedural fairness — Road Authority's consideration of resident's submissions — held: No elaborate analysis or theorizing required. Kioa v West (1985) 159 CLR 550 applied. HIGHWAYS — closure of median strip — duty to take into account "to the fullest extent possible" environmental matters — held Means so far as reasonably possible. Guthega Developments Pty Limited v The Minister (1986) 7 NSWLR 353 applied. ADMINISTRATIVE LAW — decision of Roads and Traffic Authority (RTA) to close median strip so as partly to prevent vehicular access from one road into another — application by local resident to Land and Environment Court for declaration dismissed — appeal to Court of Appeal — procedural fairness whether RTA under duty to accord — whether procedural fairness had:been accorded — held: assuming (a) that RTA had a duty to act in relation to the residents with procedural fairness; (b) that the residents had standing to bring a complaint to the Land and Environment Court; and (c) that such Court had jurisdiction to determine such complaint: the duty of procedural fairness in the circumstances of the case required the RTA to act impartially to give the resident an opportunity to be heard; no breach of duty had been established; there was no question of partiality by the RTA which had given detailed and repeated consideration to all submissions of residents. Rioa v West (1985) 159 CLR 550; Bread Manufacturers of New South Wales vy Evans (1981) 56 ALJR 89 applied. HIGHWAYS — statutory duty of RTA to take into account "to the fullest extent possible" all matters affecting or likely to affect the environment by reason of activities undertaken — alleged failure to take into account particular submissions — held: (1) The duty to take into account "to the fullest extent possible" meant to the fullest extent reasonably possible. Guthega Developments Pty Limited vy The Minister (1986) 7 NSWLR 353 applied; (2) By that standard the RTA had not failed; (3) Appeal from the Land and Environment Court (Bignold J), accordingly, dismissed. WORDS and PHRASES — "to the fullest extent possible". Environmental Planning and Assessment Act 1979, s111. Land and Environment Court Act 1979, s20, s58. State Roads Act 1986, s27.