Farrell v Bridge [1993] NSWLEC 131 (18 August 1993) [1993] NSWLEC 1

Farrell v Bridge [1993] NSWLEC 131 (18 August 1993) [1993] NSWLEC 1

The Land and Environment Court lacks inherent or statutory jurisdiction or power to recall or set aside the 1988 Orders; the only avenue for relief is appeal. Although there was a mistake as to the validity of the licence (an essential ingredient), that does not make the orders a nullity or irregularly obtained, and the matter was regularly concluded at the time. A permanent stay of execution cannot be granted while the orders remain in force. Discretionary powers, if they existed, would be declined due to excessive unexplained delay.

Jurisdiction
Australia
Judgment Date
18 August 1993
Procedural Posture
Notice of Motion / Post Conviction Application to Set Aside or Permanently Stay Judgment
Outcome
The Defendant's Notice of Motion is dismissed. Liberty to apply for limited stay of execution pending appeal is reserved.
Legal Topics
['jurisdiction of Court' 'rescission of Conviction' 'stay of Execution' 'waste Disposal Act 1970' 'land and Environment Court Act 1979']
['criminal Law' 'environmental Law'] ['jurisdiction of Court' 'rescission of Conviction' 'stay of Execution' 'waste Disposal Act 1970' 'land and Environment Court Act 1979']

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Procedural Posture

Notice of Motion / Post Conviction Application to Set Aside or Permanently Stay Judgment

Legal Issues

  1. 1 ['Does the Land and Environment Court have jurisdiction or power to recall or set aside a conviction entered in 1988?' 'Does the Court have power to permanently stay execution of the 1988 Orders while they remain in force?']

Ratio Decidendi

The Land and Environment Court lacks inherent or statutory jurisdiction or power to recall or set aside the 1988 Orders; the only avenue for relief is appeal. Although there was a mistake as to the validity of the licence (an essential ingredient), that does not make the orders a nullity or irregularly obtained, and the matter was regularly concluded at the time. A permanent stay of execution cannot be granted while the orders remain in force. Discretionary powers, if they existed, would be declined due to excessive unexplained delay.

Court Disposition

The Defendant's Notice of Motion is dismissed. Liberty to apply for limited stay of execution pending appeal is reserved.

Orders

  • ["The Defendant's Notice of Motion is dismissed." 'Liberty to apply on three days notice for limited stay of execution pending appeal.' 'Exhibits to be returned.' 'The question of costs is reserved.']