James Bryden as Executor of the estate of John Anthony (deceased) v Minister for Lands & Ors [2011] NSWSC 945

Supreme Court New South Wales

Medium Neutral Citation: James Bryden as Executor of the estate of John Anthony (deceased) v Minister for Lands & Ors [2011] NSWSC 945 Hearing dates: 16, 17, 18 and 23 August 2011 Decision date: 02 September 2011 Jurisdiction: Equity Division Before: Pembroke J Decision: Minister's decision invalidated. See paragraph [72] Catchwords: ADMINISTRATIVE LAW - procedural fairness - whether entitled to - legitimate expectation - representations or assurance by Minister - content of hearing rule - notice and right to make submissions - practical injustice ROADS ACT - operation of Part 8 - existence of statutory precondition for exercise of discretion under Section 115 - entitlement to notice under Roads Regulation 2008 - meaning of "closure" for purposes of Roads Regulation 2008 - CROWN LANDS ACT - entitlement to object to minister's direction under section 70 - whether statutory precondition barring objection fulfilled - construction of recommendations of local land board - power of minister to direct removal of gates - power of minister to cancel enclosure permit Legislation Cited: Crown Lands Act, 1989 (NSW) Road Act, 1993 (NSW) Cases Cited: Annetts v McCann (1990) 170 CLR 596 Commissioner of Police v Ryan (2007) 70 NSWLR 73 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1985-86) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273 Minister for Immigration and Multicultural Affairs; ex parte Lam [2003] 214 CLR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Category: Principal judgment Parties: James Bryden as executor of the Estate of John Anthony - plaintiff Minister for Lands - first defendant Scott Hunter - second defendant Helen Hunter - third defendant Representation: Counsel: Ms K Traill with Ms R Graycar - for the plaintiff Mr A S Monzo - for the first defendant A J J Thompson (solicitor) - for the second and third defendants Solicitors: Unsworth Legal - for the plaintiff Crown Lands Legal - for the first defendant Ritchie & Castellan - for the second and third defendants File Number(s): 2011/084001