Mortimer v Goldwind Australia Pty Ltd [2013] NSWSC 143

Mortimer v Goldwind Australia Pty Ltd [2013] NSWSC 143

The amended summons disclosed no reasonable cause of action. Goldwind Australia Pty Ltd was not the developer of the wind farm, so an order against it would not halt the development. The developer had obtained and submitted archaeological and heritage assessment material, and the approval documents indicated consideration of the rights of local Aboriginal communities. On the material before the Court there was no arguable basis for an error of law or jurisdictional error concerning Aboriginal Land Rights. Further, the approval required the developer to obtain and comply with all necessary licences, permits and approvals, making injunctive relief difficult if not impossible even if an...

Jurisdiction
Australia
Judgment Date
01 March 2013
Procedural Posture
Common Law Proceeding Seeking Order Stopping Development of Proposed Gullen Range Wind Farm / Defendant's Motion for Summary Dismissal Under Uniform Civil Procedure Rules 2005 R 13.4
Outcome
Defendant's motion granted; amended summons summarily dismissed and proceedings dismissed with costs.
Legal Topics
['summary Dismissal' 'no Reasonable Cause of Action' 'wind Farm Development Approval' 'aboriginal Heritage and Native Title Due Diligence' 'jurisdiction and Transfer to Land and Environment Court']
['administrative Law' 'civil Procedure' 'environmental Planning' 'native Title'] ['summary Dismissal' 'no Reasonable Cause of Action' 'wind Farm Development Approval' 'aboriginal Heritage and Native Title Due Diligence' 'jurisdiction and Transfer to Land and Environment Court']

Case Brief

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Procedural Posture

Common Law Proceeding Seeking Order Stopping Development of Proposed Gullen Range Wind Farm / Defendant's Motion for Summary Dismissal Under Uniform Civil Procedure Rules 2005 R 13.4

Legal Issues

  1. 1 ['Whether the amended summons disclosed a reasonable cause of action warranting continuation of the proceedings.' 'Whether Goldwind Australia Pty Ltd was the proper party against whom an order stopping the development could be made.' 'Whether there was an arguable basis that the development approval was affected by jurisdictional error or error of law for failure to consider Aboriginal Land Rights or Native Title matters.' 'Whether the Court should dismiss the proceedings, or alternatively transfer them to the Land and Environment Court.']

Ratio Decidendi

The amended summons disclosed no reasonable cause of action. Goldwind Australia Pty Ltd was not the developer of the wind farm, so an order against it would not halt the development. The developer had obtained and submitted archaeological and heritage assessment material, and the approval documents indicated consideration of the rights of local Aboriginal communities. On the material before the Court there was no arguable basis for an error of law or jurisdictional error concerning Aboriginal Land Rights. Further, the approval required the developer to obtain and comply with all necessary licences, permits and approvals, making injunctive relief difficult if not impossible even if an...

Court Disposition

Defendant's motion granted; amended summons summarily dismissed and proceedings dismissed with costs.

Orders

  • ['Pursuant to the provisions of Uniform Civil Procedure Rules, rule 13.4, the amended summons filed 14 September 2012 be summarily dismissed.' 'The proceedings be dismissed.' "The plaintiff shall pay the defendant's costs of and incidental to the proceedings, as agreed or assessed."]