Benjamin Michael Faulks v Independent Planning Commission; Benjamin Michael Faulks v Independent Planning Commission [2026] NSWLEC 117 — Procedure — Barrister AI
Benjamin Michael Faulks v Independent Planning Commission; Benjamin Michael Faulks v Independent Planning Commission
PROCEDURE — application to amend a summons seeking judicial review in Class 4 of the Court’s jurisdiction — applicable legal principles — whether Commissioner’s decision amenable to judicial review in Class 4 proceedings — no jurisdiction to review Commissioner’s decision in Class 4 — application to amend dismissed with costs.
PROCEDURE — application that Class 4 proceedings be summarily dismissed or in the alternative struck out — applicable legal principles — application dismissed with costs.
PROCEDURE — application that Class 1 proceedings be heard at the same time as Class 4 proceedings — applicable legal principles — application upheld.
Quick Take
1The Land and Environment Court does not have jurisdiction in Class 4 proceedings to judicially review a decision of a Commissioner exercising the Court's Class 1 jurisdiction; the proper avenue of challenge is an appeal on a question of law under s 56A of the LEC Act, or judicial review in the Supreme Court (Court of Appeal) pursuant to s 48 of the Supreme Court Act 1970.
2A Class 1 merits appeal determination under s 8.14(2) of the EPAA and s 39(5) of the LEC Act supersedes the original consent authority's decision and may cure jurisdictional defects in that decision; however, if the appeal is discontinued (including after a successful s 56A appeal sets aside the Commissioner's decision), the original consent authority decision revives under s 8.13(2) of the EPAA and remains amenable to Class 4 judicial review.
3A Class 1 objector appeal under s 8.8 of the EPAA does not require a lawfully valid decision by the consent authority as a jurisdictional precondition; the existence of the decision enlivens the Court's appellate jurisdiction, and the rehearing power under s 39(3) of the LEC Act permits fresh evidence to cure any deficiency.
