Drake & Anor. v Minister for Infrastructure, Planning and Natural Resources & Anor. [2003] NSWLEC 443

Drake & Anor. v Minister for Infrastructure, Planning and Natural Resources & Anor. [2003] NSWLEC 443

The Court has no jurisdiction to declare invalid a State Act of Parliament; as such, the Applicants' Notice of Motion, in so far as it seeks such orders, must be struck out. The Court also considered that, with respect to declaratory relief regarding the meaning and effect of the Clyde Waste Transfer Terminal (Special Provisions) Act 2003, such matters could potentially fall within the Land and Environment Court's jurisdiction if properly brought under class 4. Application to reopen on costs was given limited leave. No order as to costs for the strike-out motion was made.

Jurisdiction
Australia
Judgment Date
18 December 2003
Procedural Posture
Notice of Motion (post Judgment) in Planning Appeal / Hearing and Determination of Strike Out Motion
Outcome
Notice of Motion struck out; leave granted to seek reopening solely on costs; no order as to costs on strike-out motion
Legal Topics
['jurisdiction of Land and Environment Court' 'declaratory Relief' 'validity of Act of Parliament' 'strike Out of Proceedings']
['planning Law' 'environmental Law' 'administrative Law'] ['jurisdiction of Land and Environment Court' 'declaratory Relief' 'validity of Act of Parliament' 'strike Out of Proceedings']

Case Brief

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Procedural Posture

Notice of Motion (post Judgment) in Planning Appeal / Hearing and Determination of Strike Out Motion

Legal Issues

  1. 1 ['Whether the Land and Environment Court has jurisdiction to determine validity of an Act of Parliament' 'Whether proceedings concluded in class 1 can be re-opened for declaratory relief or costs orders' 'Proper procedural form for relief sought']

Ratio Decidendi

The Court has no jurisdiction to declare invalid a State Act of Parliament; as such, the Applicants' Notice of Motion, in so far as it seeks such orders, must be struck out. The Court also considered that, with respect to declaratory relief regarding the meaning and effect of the Clyde Waste Transfer Terminal (Special Provisions) Act 2003, such matters could potentially fall within the Land and Environment Court's jurisdiction if properly brought under class 4. Application to reopen on costs was given limited leave. No order as to costs for the strike-out motion was made.

Court Disposition

Notice of Motion struck out; leave granted to seek reopening solely on costs; no order as to costs on strike-out motion

Orders

  • ["Applicants' Notice of Motion filed 12 December 2003 struck out" 'Leave granted to Applicants to file, within fourteen days, a supplementary Motion to reopen on the question of costs as indicated' 'No order as to costs of the present strike-out Motion']