Scevola v Minister Administering National Parks and Wildlife [2018] NSWCA 171

Scevola v Minister Administering National Parks and Wildlife [2018] NSWCA 171

There was no compulsory or constructive acquisition of Mr Scevola's land, nor any agreement with the Foundation resulting in acquisition; the Foundation's conduct was not contrary to the Just Terms Act; the challenge to the rezoning was out of time; Mr Scevola had no proprietary interest in unformed roads; and there was no error in making costs orders against him.

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Application for Leave to Appeal / Court of Appeal Determination of Leave Application
Outcome
Leave to appeal refused; application and notice of appeal dismissed; orders for costs against Mr Scevola.
Legal Topics
['compulsory Acquisition' 'declaratory and Injunctive Relief' 'costs Orders' 'standing' 'validity of Planning Instruments']
['land Law' 'administrative Law' 'planning Law'] ['compulsory Acquisition' 'declaratory and Injunctive Relief' 'costs Orders' 'standing' 'validity of Planning Instruments']

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination of Leave Application

Legal Issues

  1. 1 ["Whether there was a compulsory or 'constructive' acquisition of Mr Scevola's land without just terms compensation" 'Whether injunctive or declaratory relief was available against invocation of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) or related conduct' 'Whether the primary judge erred in upholding the validity of the 2014 rezoning instrument' 'Whether Mr Scevola had any proprietary interest in unformed roads within Heritage Estates' 'Whether the costs orders at first instance miscarried' 'Whether Shoalhaven Landowners Association Incorporated had standing or was a proper party']

Ratio Decidendi

There was no compulsory or constructive acquisition of Mr Scevola's land, nor any agreement with the Foundation resulting in acquisition; the Foundation's conduct was not contrary to the Just Terms Act; the challenge to the rezoning was out of time; Mr Scevola had no proprietary interest in unformed roads; and there was no error in making costs orders against him.

Court Disposition

Leave to appeal refused; application and notice of appeal dismissed; orders for costs against Mr Scevola.

Orders

  • ["Extend time for filing of Mr Scevola's application for leave to appeal to 5pm on 11 April 2018." "Dismiss Mr Scevola's application seeking leave to appeal from judgments and orders of the Land and Environment Court of 24 August 2017 and 23 October 2017." 'Dismiss application of Shoalhaven Landowners Association...