Carlewie Pty Ltd v Roads and Maritime Services

[2018] NSWCA 181

NSW Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Land and Environment Court
3. › Jurisdiction and powers
4. › Commissioners
5. › Court constituted by judge assisted by Commissioner
6. › Whether Commissioner adjudicated on matter contrary to statutory prohibition
7. › Whether language of judgment indicative of joint decision-making
8. › Land and Environment Court Act 1979 (NSW), s 37
1. Environment and Planning
2. › Land and Environment Court
3. › Practice and procedure
4. › Commissioners advising and assisting judges
5. › Scope and limits of Commissioners' role
6. › Distinction between assistance and advice on one hand and adjudication on the other
7. › Land and Environment Court Act 1979 (NSW), s 37(3)
1. Words and Phrases
2. › "may assist and advise the Court, but shall not adjudicate on any matter"
3. › Land and Environment Court Act 1979 (NSW), s 37

Quick Take

Where a judgment of the Land and Environment Court is drafted in the first person plural in a manner suggesting joint decision-making between the judge and an assisting Commissioner, the judgment may be set aside as invalid for contravention of s 37(3) of the Land and Environment Court Act 1979 (NSW), even where the judge may in fact have formed an independent view.