Wykanak v Nussli Special Events Pty Limited & Ors [2000] NSWLEC 187

Wykanak v Nussli Special Events Pty Limited & Ors [2000] NSWLEC 187

The consent for the Bondi Beach Olympic volleyball stadium was granted on 1 October 1999 before s 20(1) of the Olympic Arrangements Act came into operation on 9 June 2000, and that provision validated any invalidity in the consent. The Court was bound to regard the consent as valid and was powerless to entertain the applicant's challenge, including any alleged advertising irregularity. Further, because the development was for the Olympic Co-ordination Authority and there was nothing to suggest it was not being carried out in accordance with the Olympic Co-ordination Authority Act 1995, s 123(4) of the Environmental Planning and Assessment Act 1979 prevented the proceedings and the Court...

Jurisdiction
Australia
Judgment Date
03 August 2000
Procedural Posture
Class 4 Application Seeking Declarations, Consequential Orders and Interlocutory Injunctive Relief Concerning Development Consent / Ex Tempore Judgment on Application
Outcome
Application dismissed.
Legal Topics
['development Consent' 'interlocutory Injunction' 'olympic Games Development' 'validation of Development Consent' 'statutory Bar on Proceedings' 'native Title Claim']
['planning and Environment Law' 'administrative Law' 'native Title'] ['development Consent' 'interlocutory Injunction' 'olympic Games Development' 'validation of Development Consent' 'statutory Bar on Proceedings' 'native Title Claim']

Case Brief

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Procedural Posture

Class 4 Application Seeking Declarations, Consequential Orders and Interlocutory Injunctive Relief Concerning Development Consent / Ex Tempore Judgment on Application

Legal Issues

  1. 1 ['Whether the development consent for the Bondi Beach Olympic volleyball stadium was invalid because the advertising process under State Environmental Planning Policy No 38 was not carried out correctly.' 'Whether the development consent was invalid because consent of the Darug People had not been obtained while a native title claim in relation to Bondi Beach was undetermined.' 'Whether the Olympic Arrangements Act, Act No 1 of 2000 prevented challenges to the development consent and barred the Court from entertaining the proceedings.' 'Whether s 123(4) of the Environmental Planning and Assessment Act 1979 prevented proceedings in connection with Olympic Co-ordination Authority development for the Olympic Games.']

Ratio Decidendi

The consent for the Bondi Beach Olympic volleyball stadium was granted on 1 October 1999 before s 20(1) of the Olympic Arrangements Act came into operation on 9 June 2000, and that provision validated any invalidity in the consent. The Court was bound to regard the consent as valid and was powerless to entertain the applicant's challenge, including any alleged advertising irregularity. Further, because the development was for the Olympic Co-ordination Authority and there was nothing to suggest it was not being carried out in accordance with the Olympic Co-ordination Authority Act 1995, s 123(4) of the Environmental Planning and Assessment Act 1979 prevented the proceedings and the Court...

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']