Scevola v Minister Administering National Parks and Wildlife [2018] NSWCA 171

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Scevola v Minister Administering National Parks and Wildlife [2018] NSWCA 171 Hearing dates: 27 July 2018 Date of orders: 06 August 2018 Decision date: 06 August 2018 Before: Meagher JA; Gleeson JA Decision: 1. Extend time for filing of Mr Scevola's application for leave to appeal to 5pm on 11 April 2018.

2. Dismiss Mr Scevola's application seeking leave to appeal from judgments and orders of the Land and Environment Court of 24 August 2017 and 23 October 2017.

3. Dismiss application of Shoalhaven Landowners Association Incorporated to extend time for filing application for leave to appeal.

4. Order Mr Scevola pay the respondents' costs of the application for an extension of time and for leave to appeal. Catchwords: LAND AND ENVIRONMENT – application for leave to appeal from summary dismissal and costs orders – claim for declaratory and other relief regarding alleged compulsory acquisition of land in contravention of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – no arguable basis identified that primary judge erred in summary dismissal – no basis identified on which discretion as to costs miscarried Legislation Cited: Associations Incorporation Act 2009 (NSW) Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 (NSW), ss 8, 27, 35 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 5, 38, 55 Land and Environment Court Act 1979 (NSW), ss 16, 19, 20, 24, 57, 58 National Parks and Wildlife Act 1974 (NSW), ss 145, 146, 150 Roads Act 1993 (NSW), ss 7, 16, 145 Supreme Court Act 1970 (NSW), s 48 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Esposito v Commonwealth (2015) 235 FCR 1; [2015] FCAFC 160 Esposito v Commonwealth of Australia [2013] FCA 546 Texts Cited: N/A Category: Principal judgment Parties: S Scevola (Applicant) Minister administering National Parks and Wildlife (First respondent) Foundation for National Parks and Wildlife (Second respondent) Shoalhaven City Council (Third respondent) Minister for Planning (Fourth respondent) Representation: Counsel: