Forgall Pty Limited v Chief Executive Of The Office Of Environment and Heritage (No 2) [2013] NSWLEC 36

Land and Environment Court New South Wales

Medium Neutral Citation: Forgall Pty Limited v Chief Executive Of The Office Of Environment and Heritage (No 2) [2013] NSWLEC 36 Hearing dates: 26 March 2013 Decision date: 27 March 2013 Jurisdiction: Class 1 Before: Pain J Decision: Appeal dismissed Catchwords: Appeal - s 56A of the Land and Environment Court Act 1979 - whether error of law identified - parties bound by conduct of proceedings before commissioner - no error demonstrated Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 s 56A, s 63 Native Vegetation Act 2003 s 11, s 13, s 22, s 38 Native Vegetation Regulation 2005 cl 20 Cases Cited: Forgall Pty Limited v Chief Executive Of The Office Of Environment and Heritage [2012] NSWLEC 1219 Forgall Pty Limited v Chief Executive Of The Office Of Environment and Heritage [2013] NSWLEC 11 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Category: Principal judgment Parties: Forgall Pty Limited (Appellant) Chief Executive Of The Office Of Environment and Heritage (Respondent) Representation: Mr G Wray (agent for Appellant) Mr E Muston (Respondent) Office of Environment and Heritage (Respondent) File Number(s): 10952 of 2012 Decision under appeal Citation: Forgall Pty Limited v Chief Executive Of The Office Of Environment and Heritage [2012] NSWLEC 1219 Date of Decision: 2012-08-10 00:00:00 Before: Brown ASC File Number(s): 10004 of 2011