Fast Buck$ & Anor v Dudley Pastoral Co Pty Limited & Anor [2001] NSWLEC 183

Fast Buck$ & Anor v Dudley Pastoral Co Pty Limited & Anor [2001] NSWLEC 183

On the evidence, the council's acceptance of the Tricend reports as satisfying condition C6 was a decision reasonably open on the material before it, given the expert qualifications, sampling, and adherence to relevant guidelines; no manifest unreasonableness, conflict of interest, or bad faith was established.

Jurisdiction
Australia
Judgment Date
24 August 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
['judicial Review' 'development Consent' 'environmental Assessment' 'unreasonableness (wednesbury)']
['administrative Law' 'planning Law'] ['judicial Review' 'development Consent' 'environmental Assessment' 'unreasonableness (wednesbury)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ["Whether the council's acceptance of the Tricend reports satisfied condition C6 of the development consent" "Whether the council's decision was unreasonable in the Wednesbury sense" 'Whether there was a conflict of interest affecting the Tricend reports' 'Whether the council acted in bad faith']

Ratio Decidendi

On the evidence, the council's acceptance of the Tricend reports as satisfying condition C6 was a decision reasonably open on the material before it, given the expert qualifications, sampling, and adherence to relevant guidelines; no manifest unreasonableness, conflict of interest, or bad faith was established.

Court Disposition

application dismissed

Orders

  • ['the application be dismissed' 'costs be reserved' 'the exhibits be returned']