Carlewie Pty Ltd v Roads and Maritime Services [2018] NSWCA 181

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carlewie Pty Ltd v Roads and Maritime Services [2018] NSWCA 181 Hearing dates: 12 and 13 June 2018 Decision date: 15 August 2018 Before: Basten JA at [1]; Payne JA at [56]; White JA at [57] Decision: (1) Direct that the appellant file and serve within 7 days the amended notice of appeal, in the form contained in the orange appeal book. (2) Allow the appeal and set aside the judgment and orders made on 30 June 2017 in the Land and Environment Court. (3) Order that the respondent pay the appellant's costs of the appeal. (4) Direct that the costs of the first trial be determined by the Land and Environment Court at the determination of the proceedings before it. Catchwords: ENVIRONMENT AND PLANNING – Land and Environment Court – jurisdiction and powers – Commissioners – court constituted by a judge assisted by a Commissioner – language of judgment indicative of joint decision-making – Commissioners not to adjudicate – whether judgment invalid on basis that Commissioner adjudicated on matter

ENVIRONMENT AND PLANNING – Land and Environment Court – practice and procedure – Commissioners advising and assisting judges – scope and limits of Commissioners' role

WORDS AND PHRASES – "may assist and advise the Court, but shall not adjudicate on any matter" – Land and Environment Court Act 1979 (NSW), s 37 Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), s 81; Sch 2, Pt 3B, cl 4 Civil Procedure Act 2005 (NSW), s 63; Sch 1 Courts and Crimes Legislation Further Amendment Act 2008 (NSW), s 2; Sch 14 Courts Legislation Amendment Act 2007 (NSW), Sch 2, [9]; Sch 3, [27] Criminal Appeal Act 1912 (NSW), s 6 Equity Act 1901 (NSW), s 7 Interpretation Act 1987 (NSW), s 52 Land and Environment Court Act 1979 (NSW), ss 4, 12, 19, 24, 34A, 34C, 36, 37, 38, 57, 68; Div 4, Pt 4 Land and Valuation Court Act 1921 (NSW), ss 8, 9, 9A Medical Practice Act 1992 (NSW), s 147 Navigation Act 1912 (Cth), s 359; Pt IX Patents Act 1990 (Cth), s 217 Supreme Court Act 1935 (SA), s 71 Supreme Court Act 1935 (WA), s 56 Supreme Court Act 1986 (Vic), s 77 Supreme Court Civil Procedure Act 1932 (Tas), s 37