Greenwood v Warringah Council

[2014] NSWCA 205

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Land and Environment Court
3. › Leave to appeal
4. › Decision on s 56A appeal
5. › Whether to grant leave under s 57(4) of the Land and Environment Court Act 1979 (NSW)
6. › Need to identify question of law material to decision sought to be impugned
7. › No error of law in dispositive reasoning
8. › Land and Environment Court Act 1979 (NSW), ss 56A, 57
1. Appeal
2. › Land and Environment Court
3. › Appeal on question of law
4. › Adequacy of reasons
5. › Whether failure to give reasons constitutes error of law
6. › Merits review in Class 1 jurisdiction
7. › Environmental Planning and Assessment Act 1979 (NSW), s 97

Quick Take

On an application for leave to appeal under s 57(4) of the Land and Environment Court Act 1979 (NSW), the applicant must identify a question of law material to the dispositive reasoning of the primary judge's decision. An error of law that is not dispositive of the decision will ordinarily be a sound reason to refuse leave. Where Commissioners in Class 1 merits review proceedings find insufficient detail on essential matters to enable assessment of a development application, that is a finding of fact not reviewable for legal error provided adequate reasons are given.