Kirkman v Minister Administering the Crown Lands Act [2019] NSWSC 1683

Kirkman v Minister Administering the Crown Lands Act [2019] NSWSC 1683

The proceedings are adjourned part heard to allow the plaintiff to develop clear, detailed submissions aligning the pleaded grounds for judicial review with the material before the decision-maker. The Court makes a non-binding request for the Minister to assist by identifying the materials that were before the decision-maker, clarifying that such assistance does not constitute an adversarial response or require withdrawal of the submitting appearance.

Parties
Plaintiff: Jennifer Kirkman; First Defendant: Minister Administering the Crown Lands Act; Second Defendant: Geoffrey Robert Wood & Jan Margaret Wood
Jurisdiction
Australia
Judgment Date
28 November 2019
Procedural Posture
Judicial Review Application / Adjournment of Proceedings, Part Heard
Outcome
Proceedings adjourned part heard to 19 March 2020; directions made for supplementary submissions and a request for the Minister's assistance with information.
Legal Topics
Judicial Review of Administrative Decision, Adjournment, Submitting Appearance, Evidence Before Decision Maker, Procedural Fairness
Administrative Law Practice and Procedure Judicial Review of Administrative Decision Adjournment Submitting Appearance Evidence Before Decision Maker Procedural Fairness

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Parties

Jennifer Kirkman

Plaintiff

Minister Administering the Crown Lands Act

First Defendant

Geoffrey Robert Wood & Jan Margaret Wood

Second Defendant

Procedural Posture

Judicial Review Application / Adjournment of Proceedings, Part Heard

Legal Issues

  1. 1 What procedural directions should be undertaken to give the Court clarity about what materials were before the Minister at the time the decision was made.
  2. 2 Whether the submitting appearance of the Minister impedes the Court’s determination of the judicial review application regarding the 2017 decision to close and sell Crown road land.
  3. 3 Whether the plaintiff's written and oral submissions properly relate the pleaded grounds to the reasoning of the 2017 decision.

Ratio Decidendi

The proceedings are adjourned part heard to allow the plaintiff to develop clear, detailed submissions aligning the pleaded grounds for judicial review with the material before the decision-maker. The Court makes a non-binding request for the Minister to assist by identifying the materials that were before the decision-maker, clarifying that such assistance does not constitute an adversarial response or require withdrawal of the submitting appearance.

Court Disposition

Proceedings adjourned part heard to 19 March 2020; directions made for supplementary submissions and a request for the Minister's assistance with information.

Orders

  • Adjourn proceedings part heard before me at 10am on 19 March 2020.
  • Direct that a copy of these reasons be provided to the first defendant by my Associate.