NSW Caselaw
New South Wales Court of Appeal
CITATION: Spencer v NSW Minister for Climate Change and the Environment [2010] NSWCA 75 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 7 April 2010, 8 April 2010
JUDGMENT DATE: 13 April 2010
JUDGMENT OF: McColl JA at 1
Orders already made on 8 April 2010: DECISION: 1. Appeal listed for hearing on 12 and 13 April 2010 adjourned to 1 September 2010 before the Registrar of the Court of Appeal 2. Applicant to pay respondents' costs thrown away by adjourned hearing.
CATCHWORDS: APPEAL – procedure – application to vacate hearing dates – special leave application pending in High Court of Australia seeking to challenge validity of legislation under which administrative acts impugned in State proceedings taken.
Commonwealth Constitution Environmental Trust Act 1998 (NSW) Judiciary Act 1903 (Cth) LEGISLATION CITED: Nature Conservation Trust Act 2001 (NSW) Native Vegetation Act 2003 (NSW) Native Vegetation Conservation Act 1997 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
CATEGORY: Principal judgment
Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Arnold v Minister Administering the Water Management Act 2000 [2010] HCA 3; (2010) 84 ALJR 203 Arnold v Minister Administering the Water Management Act 2000 [2009] HCATrans 91 Arnold v Minister Administering Water Management Act 2000 [2008] NSWCA 338; (2008) 73 NSWLR 196 ICM Agriculture Pty Ltd v Commonwealth [2009] HCA 51; (2009) 84 ALJR 87 Roxborough v Rothmans of Pall Mall Australia Ltd [2001] HCA 68; (2001) 208 CLR 516 CASES CITED: Spencer v NSW Minister for Climate Change, Environment and Water [2008] NSWSC 1059 Spencer v Commonwealth of Australia [2010] HCATrans 55 Spencer v Commonwealth of Australia [2010] HCATrans 34 Spencer v Commonwealth of Australia [2009] HCATrans 126 Spencer v Commonwealth of Australia [2009] FCAFC 38; (2009) 174 FCR 398 Spencer v Commonwealth of Australia [2008] FCA 1256 Stivactas v Michaletos (No 1) [1993] NSWCA 256
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