Cavasinni Constructions Pty Ltd v Fairfield City Council

[2010] NSWLEC 65

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. APPEAL :- s 56A appeal - appeal against decision of commissioner on question of law
2. › validity of condition for creation of right of carriageway
3. › application of s 80A(1)(a)
4. › primacy of legislation
5. › necessity to consider statutory language before turning to judicial consideration of associated principles
6. › consideration of the Newbury tests in the context of the statutory provision.
1. APPEAL :- s 56A appeal - appeal against decision of commissioner
2. › procedural fairness
3. › discretion of commissioner exercised on a basis not addressed by the parties and not identified at the hearing
4. › no opportunity given to the parties to address the basis for exercise of discretion adopted by the commissioner
5. › denial of procedural fairness.