NSW Caselaw
Reported Decision : 146 LGERA 450
New South Wales Court of Appeal
CITATION: Minister for Planning & Anor. v. Gales Holdings Pty. Limited [2006] NSWCA 212
HEARING DATE(S): 26 July 2006
JUDGMENT DATE: 31 July 2006
JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Ipp JA at 62
DECISION: 1. Appeal allowed. 2. Respondent to pay appellants' costs of the appeal, and to have a certificate under the Suitors' Fund Act if otherwise eligible. 3. Matter remitted to the Land & Environment Court for further consideration. 4. Orders below set aside, including costs orders; and the costs of the proceedings below to be in the discretion of the judge hearing the remainder of the proceedings.
CATCHWORDS: ENVIRONMENTAL LAW - LOCAL GOVERNMENT - Development - State significant development - Whether criteria satisfied - Whether Minister the consent authority - Whether whole or part of development prohibited - Effect of transitional provisions - Whether transitional provisions valid.
Environmental Planning & Assessment Act 1979, s.76A, Schedule 6. LEGISLATION CITED: Environmental Planning & Assessment Regulation 2005, cl.8J. State Environmental Planning Policy No.62 - Sustainable Agriculture.
CASES CITED: Lewis v. Daily Telegraph Limited (No.2) [1964] 2 QB 601
Minister for Planning - 1st appellant PARTIES: Australian Bay Lobster Producers Pty. Limited - 2nd appellant Gales Holdings Pty. Limited - respondent
FILE NUMBER(S): CA 40398/06
Mr. N.J. Williams SC with Ms. H.P. Irish and Ms. A.J. Mitchelmore for 1st appellant COUNSEL: Mr. R. O'Gorman-Hughes for 2nd appellant Mr. T.F. Robertson SC for respondent
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