Recent Cases

Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2019] NSWCA 216 (03 September 2019) (Basten JA at [1]; Macfarlan JA at [99]; Leeming JA at [180])


ADMINISTRATIVE LAW – jurisdictional facts – whether conditions of project approval specified objective criteria, satisfaction of which was a precondition to the exercise of the decision-maker’s powers

ADMINISTRATIVE LAW – unreasonableness – whether decision-maker’s satisfaction with a mining strategy was legally unreasonable – whether decision-maker’s view was at least arguable

CIVIL PROCEDURE – Court of Appeal – whether leave to appeal required against costs order where there is an appeal as of right against the substantive orders made at first instance – s 58(3)(c) Land and Environment Court Act 1979 (NSW)

COSTS – administrative law – whether decision-maker entitled to costs when appears to advance arguments in proceedings between two well-represented litigants – Hardiman (1981) 144 CLR 13; [1980] HCA 13 considered