NSW Caselaw
New South Wales Supreme Court
CITATION : Spencer v NSW Minister for Climate Change, Environment and Water [2008] NSWSC 1059
HEARING DATE(S) : 16 April 2008-18 April 2008, 15 May 2008-16 May 2008
JUDGMENT DATE : 10 October 2008
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
(i) The summons is dismissed; DECISION : (ii) The parties have liberty to apply within seven days for any consequential order, including any order for costs and any other party has a further seven days to reply, in writing, thereto.
CATCHWORDS : ADMINISTRATIVE LAW – judicial review – alleged invalidity not made out – relevant considerations – irrelevant considerations – orders refused - TRADE PRACTICES – misleading and deceptive conduct – unconscionable conduct – no loss or damage – no relevant unconscionability
Environmental Trust Act 1998 Fair Trading Act 1997 Native Vegetation Act 2003 LEGISLATION CITED : Native Vegetation Conservation Act 1997 Natural Heritage Trust of Australia Act 1997 (Cth) Natural Resources Management (Financial Assistance) Act 1992 (Cth) Nature Conservation Trust Act 2001 Trade Practices Act 1978 (Cth)
CATEGORY : Principal judgment
Building & Construction Employees & Builders Labourers' Federation (NSW) v Minister for Industrial Relations [1986] 7 NSWLR 372 CASES CITED : Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Wardley Australia Ltd v Western Australia [1992] HCA 55; (1992) 175 CLR 514
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