Judicial review and civil enforcement process: outcomes and orders

Resolving disputes

Class 4 proceedings are usually resolved by hearings, but mediation is offered and has been used successfully.  Information is available on:

Outcomes and orders

Giving judgment

At the conclusion of the hearing or at a later date, the judge hearing the proceedings will give judgment.  The judgment will state the decision and orders and give reasons for making the decision.  Further information is available on:

Orders

The nature and terms of the orders the Court may make are determined by the nature of the proceedings (civil enforcement or judicial review) and the statute under which the proceedings are brought. 

For judicial review proceedings, the Court has the same civil jurisdiction as the Supreme Court of New South Wales has to make orders, including enforcing any right, obligation or duty under a planning or environmental law; reviewing or commanding the exercise of a function under a planning or environmental law; and making declarations in relation to any such right, obligation or duty or the exercise of any such function (see s 20(2) of the Court Act).  Planning or environmental laws are specified in s 20(3) of the Court Act.

For civil enforcement proceedings, the Court has the jurisdiction of the Supreme Court just described, as well as the jurisdiction given by the statute being enforced, usually to make such order as the Court thinks fit to remedy or restrain the breach of the statute involved.  An example is s 124 of the Environmental Planning and Assessment Act 1979.   The court may restrain use of a building, work or land in breach of the statute, require the demolition or removal of a building or work erected in breach of the statute, or require reinstatement of a building, work or land to the condition or state it was in immediately before the breach was committed.

The Court Act gives the court power to make particular orders which might validate a development consent granted under the Environmental Planning and Assessment Act but found by the court to have been made in breach of the statute (see s 25A, s 25B, s 25C, s 25D, s 25E of the Court Act).

Giving effect to the Court’s decision

The decision of the Court is final and conclusive, binding on the parties and is to be given effect accordingly (see s 56(a) of the Court Act).

Appeals against the Court’s decision

A party to Class 4 proceedings may appeal against the order or decision of the judge to the NSW Court of Appeal.  The appeal is under s 58 of the Court Act.  Further information is available on appeals against the court’s decisions.

 

This website is being updated to comply with the Web Content Accessibility Guidelines (WCAG) 2.0.