ADMINISTRATIVE LAW - prerogative writs and orders - mandamus - discretion to refuse relief by reason of delay in bringing proceedings not exercised where delay is sufficiently explained and justified - inappropriate to order the grant of a certificate where legislation required satisfaction on a matter which the defendant had not yet considered
EVIDENCE - burden of proof, presumptions, and weight and sufficiency of evidence - whether approval was granted by a public body - whether presumption of regularity available - where public body has not done some act inconsistent with the grant of approval - where presumption needs to also found an assumption that application was made - presumption not available and even if available, there is evidence to rebut the presumption
ESTOPPEL - general principles - no evidence that plaintiff assumed approval had been granted - no evidence that defendant had induced any such assumption
Case Details
Citation[2012] NSWSC 1509
CourtNSWSC
JurisdictionNew South Wales
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