Drake & Anor. v Minister for Infrastructure, Planning and Natural Resources & Anor. [2003] NSWLEC 443

> Land and Environment Court of New South Wales

CITATION : Drake & Anor. v Minister for Infrastructure, Planning and Natural Resources & Anor. [2003] NSWLEC 443 APPLICANTS: Drake & Anor. PARTIES : RESPONDENTS: Minister for Infrastructure, Planning and Natural Resources & Anor. FILE NUMBER(S) : 10714 of 2002 CORAM: Bignold J KEY ISSUES: Jurisdiction :- Whether Court has jurisdiction to determine validity of Act of Parliament LEGISLATION CITED: Clyde Waste Transfer Terminal (Special Provisions) Act 2003 Land and Environment Court Act 1979, s 20 CASES CITED: DATES OF HEARING: 18/12/2003 EX TEMPORE JUDGMENT DATE : 12/18/2003

APPLICANTS: In person

SOLICITORS N/A

FIRST RESPONDENT: Mr M Wright, Barrister LEGAL REPRESENTATIVES: SECOND RESPONDENT: Mr D Brigden

SOLICITORS

FIRST RESPONDENT: Dept of Infrastructure, Planning and Natural Resources SECOND RESPONDENT: Freehills

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

18 December 2003

10714 of 2002 JOHN LESLEY DRAKE AND ALLAN BERNARD BRZOSON v MINISTER FOR PLANNING and COLLEX PTY LIMITED

JUDGMENT 1. HIS HONOUR: The Court has before it two Motions filed in proceedings which were concluded by orders made by the Court on 7 November 2003 upholding an appeal made by Mr Drake and Mr Brzoson pursuant to the Environmental Planning and Assessment Act, s 98 against the decision of the Minister to grant development consent to a designated development application. The appeal was upheld. Development consent was refused and by order No.4, no order as to costs was pronounced.