Duncan v Moore and Ors [1999] NSWLEC 152

Duncan v Moore and Ors [1999] NSWLEC 152

The alleged breaches of the Electricity Supply Act and the Parliamentary Electorates and Elections Act were not matters that had to be proved, established or determined in order to hear and dispose of the claim within jurisdiction concerning the Woollahra Local Environment Plan. They were additional to, not ancillary to, the matter within jurisdiction, and s 20(2) and s 22 of the Land and Environment Court Act did not confer jurisdiction to grant declarations or other relief for those alleged breaches.

Jurisdiction
Australia
Judgment Date
30 June 1999
Procedural Posture
Class 4 Application / Notice of Motion Challenging Jurisdiction Over Claims Based on Alleged Breaches of the Electricity Supply Act and the Parliamentary Electorates and Elections Act
Outcome
The second respondent was entitled to an order dismissing the claims for relief based on alleged breaches of the Electricity Supply Act and the Parliamentary Electorates and Elections Act; the applicant was ordered to amend the Amended Points of Claim accordingly, with costs and remaining questions reserved.
Legal Topics
['jurisdiction of the Land and Environment Court' 'ancillary Matters Under S 16(1 A) of the Land and Environment Court Act' 'declarations of Right Under S 20(2) of the Land and Environment Court Act' 'claims Alleging Breaches of Statutes Not Being Planning or Environmental Laws']
['construction and Interpretation' 'practice and Procedure' 'planning and Environment'] ['jurisdiction of the Land and Environment Court' 'ancillary Matters Under S 16(1 A) of the Land and Environment Court Act' 'declarations of Right Under S 20(2) of the Land and Environment Court Act' 'claims Alleging Breaches of Statutes Not Being Planning or Environmental Laws']

Case Brief

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Procedural Posture

Class 4 Application / Notice of Motion Challenging Jurisdiction Over Claims Based on Alleged Breaches of the Electricity Supply Act and the Parliamentary Electorates and Elections Act

Legal Issues

  1. 1 ['Whether the Land and Environment Court had jurisdiction to grant relief in respect of alleged breaches of s 65 of the Electricity Supply Act and s 151B of the Parliamentary Electorates and Elections Act.' "Whether those claims were ancillary to a matter within the Court's jurisdiction under s 16(1A) of the Land and Environment Court Act." 'Whether s 20(2) and s 22 of the Land and Environment Court Act permitted declaratory relief concerning statutes that were not planning or environmental laws.']

Ratio Decidendi

The alleged breaches of the Electricity Supply Act and the Parliamentary Electorates and Elections Act were not matters that had to be proved, established or determined in order to hear and dispose of the claim within jurisdiction concerning the Woollahra Local Environment Plan. They were additional to, not ancillary to, the matter within jurisdiction, and s 20(2) and s 22 of the Land and Environment Court Act did not confer jurisdiction to grant declarations or other relief for those alleged breaches.

Court Disposition

The second respondent was entitled to an order dismissing the claims for relief based on alleged breaches of the Electricity Supply Act and the Parliamentary Electorates and Elections Act; the applicant was ordered to amend the Amended Points of Claim accordingly, with costs and remaining questions reserved.

Orders

  • ['The applicant is ordered to amend the Amended Points of Claim by deleting the claims for relief in paragraphs 2 and 3 and the reference to s 151B of the Parliamentary Electorates and Elections Act as well as the Electricity Supply Act in paragraph 4.' 'The complaint regarding the affixing of campaign posters to...