Cmunt v Snowy Monaro Regional Council

• 1. Land and Environment Law
  2. › Enforcement of notices and orders
  3. › Prevention Notice under Protection of the Environment Operations Act 1997 (NSW)
  4. › Structures Order and Advertising Sign Order under Environmental Planning and Assessment Act 1979 (NSW)
  5. › Whether successor council had jurisdiction and standing to enforce notices issued by predecessor council
  6. › Local Government (Council Amalgamations) Proclamation 2016 (NSW), cll 17, 18, 30, 31
  7. › Protection of the Environment Operations Act 1997 (NSW), ss 6(2), 96, 252
  8. › Environmental Planning and Assessment Act 1979 (NSW), ss 121B, 121H, 123
• 1. Appeal
  2. › Appeal from Land and Environment Court
  3. › Factual findings
  4. › Whether findings supported by evidence
  5. › Standard of appellate review of factual findings
  6. › Fox v Percy (2003) 214 CLR 118
• 1. Practice and Procedure
  2. › Self-represented litigants
  3. › Procedural fairness
  4. › Right to cross-examine witnesses
  5. › Whether primary judge adequately informed self-represented litigants of entitlement to cross-examine
  6. › Whether failure to cross-examine had adverse consequences
  7. › Browne v Dunn (1893) 6 R 67

Quick Take