Pavsic v Transport for NSW [2024] NSWLEC 1344

Pavsic v Transport for NSW [2024] NSWLEC 1344

The appeal is upheld and the original Direction issued by Transport for NSW is varied in accordance with the parties' agreed terms under ss 105(4)(b) and (c) of the Roads Act 1993, as the jurisdictional prerequisites for appeal are met and the Court is satisfied the agreement is within its lawful power.

Jurisdiction
Australia
Judgment Date
21 June 2024
Procedural Posture
Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; Direction varied by consent
Legal Topics
['appeal Against Direction' 'traffic Hazard Removal' 'variation of Enforcement Direction' 'conciliation Conference' 'dam Safety']
['administrative Law' 'environmental Law'] ['appeal Against Direction' 'traffic Hazard Removal' 'variation of Enforcement Direction' 'conciliation Conference' 'dam Safety']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the Direction issued under s 104(1) of the Roads Act 1993 should be confirmed, quashed, or varied' "Whether the Court should dispose of proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The appeal is upheld and the original Direction issued by Transport for NSW is varied in accordance with the parties' agreed terms under ss 105(4)(b) and (c) of the Roads Act 1993, as the jurisdictional prerequisites for appeal are met and the Court is satisfied the agreement is within its lawful power.

Court Disposition

Appeal upheld; Direction varied by consent

Orders

  • ['The appeal is upheld.' 'The Direction issued by Transport for NSW under s 104(1) of the Roads Act 1993 is varied in accordance with the agreed terms set out, including: (i) redirecting water from Dam 4 by 5 July 2024; (ii) dewatering Dams 1, 2, and 3 by 19 August 2024; (iii) installing cutoff drains and completing...