Recent Cases

South East Forest Rescue Inc v Forestry Corporation of New South Wales (No 2) [2024] NSWCA 113 (16 May 2024) (Adamson JA at [1]; Basten AJA at [2]; Griffiths AJA at [47])


APPEALS – appeal from Land and Environment Court – Class 4 civil enforcement proceedings – where primary judge found appellant lacked standing

PRACTICE AND PROCEDURE – standing – whether environmental organisation has standing to bring civil enforcement proceedings against State forestry authority – where application of special interest test is fact and context specific – evaluative judgment required – where interest more than mere intellectual or emotional concern – where interest beyond that of public generally – where organisation has taken sufficient concrete steps to give effect to interest and concerns