Orders of a superior court of record (including the Land and Environment Court) are not a nullity merely because a prior procedural step is alleged not to have been taken; they are effective and binding until set aside. An application for leave to appeal more than 10 years out of time will be dismissed where the proposed ground is unarguable and no justification for the delay is proffered.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.