Mittagong Central Developments Pty Ltd v Secretary of the Department of Customer Service [2024] NSWLEC 104

Mittagong Central Developments Pty Ltd v Secretary of the Department of Customer Service [2024] NSWLEC 104

The judicial review proceedings and merits review proceedings are to be heard together in the Land and Environment Court as required by the Supreme Court transfer order pursuant to s 149B(2) and by statute (s 149D(1)(b) Civil Procedure Act 2005), and this Court has no authority to hear the matters separately or to vary the order; hearings in piecemeal fashion would risk inefficiency and contradictory outcome.

Parties
Applicant on the Motion (2024/00151753), Respondent on the Motion (2024/00292953): Mittagong Central Developments Pty Ltd; Respondent on the Motion (2024/00151753), Applicant on the Motion (2024/00292953): Secretary of the Department of Customer Service
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Judicial Review and Merits Review Proceedings / Ruling on Notices of Motion Regarding Case Management and Hearing Together
Outcome
The Court dismissed MCD's motion to stay merits review pending judicial review and granted the Secretary's motion that both proceedings be heard together.
Legal Topics
Judicial Review, Merits Review, Case Management, Transfer of Proceedings, Procedural Fairness
Environment and Planning Administrative Law Civil Procedure Judicial Review Merits Review Case Management Transfer of Proceedings Procedural Fairness

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Parties

Mittagong Central Developments Pty Ltd

Applicant on the Motion (2024/00151753), Respondent on the Motion (2024/00292953)

Secretary of the Department of Customer Service

Respondent on the Motion (2024/00151753), Applicant on the Motion (2024/00292953)

Procedural Posture

Judicial Review and Merits Review Proceedings / Ruling on Notices of Motion Regarding Case Management and Hearing Together

Legal Issues

  1. 1 Should judicial review proceedings transferred from the Supreme Court be heard separately and before merits review proceedings in the Land and Environment Court?
  2. 2 Does s 149B(2) of the Civil Procedure Act 2005 (NSW) require that proceedings be heard together?
  3. 3 Is there legislative intention that merits review and judicial review proceedings are discrete and separate?

Ratio Decidendi

The judicial review proceedings and merits review proceedings are to be heard together in the Land and Environment Court as required by the Supreme Court transfer order pursuant to s 149B(2) and by statute (s 149D(1)(b) Civil Procedure Act 2005), and this Court has no authority to hear the matters separately or to vary the order; hearings in piecemeal fashion would risk inefficiency and contradictory outcome.

Court Disposition

The Court dismissed MCD's motion to stay merits review pending judicial review and granted the Secretary's motion that both proceedings be heard together.

Orders

  • The notice of motion filed 20 May 2024 in the merits review proceedings (2024/00151753) by MCD is dismissed.
  • The relief sought in the notice of motion filed 26 August 2024 (in the judicial review proceedings (2024/00292953)) by the Secretary is granted.