Residents Against Intermodal Development Moorebank Incorporated v Minister for Planning [2017] NSWLEC 115

Land and Environment Court New South Wales

Medium Neutral Citation: Residents Against Intermodal Development Moorebank Incorporated v Minister for Planning [2017] NSWLEC 115 Hearing dates: 7 August 2017 Date of orders: 12 September 2017 Decision date: 12 September 2017 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders:

(1) The second respondent's notice of motion filed on 7 June 2017 is dismissed. (2) The second respondent is to pay the applicant's costs of the motion. Catchwords: PARTIES – appeal by an objector – standing of applicant – applicant an incorporated association – unincorporated body made submission objecting to designated development – unincorporated body an objector – whether incorporated association had right of unincorporated body to appeal – challenge to standing of applicant dismissed Legislation Cited: Associations Incorporation Act 2009 ss 4, 6, 7, 8(2), 39, Sch 2 cl 2(1)(b) Environmental Planning and Assessment Act 1979 ss 4, 5(c), 79, 81(1), 98(1) Land and Environment Court Rules 2007 r 3.7(3) Cases Cited: Re Application by Emergency Medical Services Protection Association (NSW) (2013) 233 IR 400; [2013] NSWIRComm 35 Benbrika v The Queen (2010) 29 VR 593; [2010] VSCA 281 Cameron v Hogan (1934) 51 CLR 358; [1934] HCA 24 Clarke v Australian Labor Party (1999) 74 SASR 109; [1999] SASC 365 Conservative Office v Burrell [1982] 1 WLR 522 Kibby v Registrar of Titles [1999] 1 VR 861; [1998] VSC 148 Macaulay v O'Donnell [1943] 1 Ch 435 Peckham v Moore [1975] 1 NSWLR 353 Quikfund (Australia) Pty Ltd v Prosperity Group International Pty Ltd (In Liq) (2013) 209 FCR 368; [2013] FCAFC 5 Re Price [1943] Ch 422 Re Thackrah [1939] 2 All ER 4 Texts Cited: NSW Fair Trading and NSW Department of Finance & Services, Associations Incorporation Act 2009 – Statutory Review, (2 November 2015) NSW Legislative Assembly, Parliamentary Debates (Hansard), 4 March 2009 at 12908 Category: Principal judgment Parties: Residents Against Intermodal Development Moorebank Incorporated (Applicant) Minister for Planning (First Respondent) Qube Holdings Limited (Second Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Ms J Wood (solicitor) (First Respondent) Dr A S Bell SC with Ms Z Heger (Second Respondent)