Bobolas v Waverley Council (No 2)

The applicants, Bobolas, sought judicial review of a decision by Waverley Council to refuse their application for a development approval under the Environmental Planning and Assessment Act 1979. The applicants sought to construct a commercial building on land in Bondi Junction. Waverley Council refused the application, citing non-compliance with zoning and development controls. The applicants sought to challenge this decision in the Land and Environment Court, which was dismissed. The applicants then sought to appeal to the Supreme Court of New South Wales.

The key legal issue in this case was whether the applicants had standing to seek judicial review of the decision of the Land and Environment Court. The applicants argued that they had standing as they were directly affected by the decision, and that the decision was made in error. The respondents argued that the applicants did not have standing as they were not aggrieved by the decision, and that the decision was made in accordance with the law.

The Supreme Court found that the applicants did not have standing to seek judicial review of the decision of the Land and Environment Court. The Court held that the applicants were not directly affected by the decision, as they had not incurred any costs or suffered any detriment as a result of the decision. The Court also held that the decision was not made in error, and that the applicants had not demonstrated that the decision was made on an incorrect application of the law. The Court therefore dismissed the summons and ordered the applicants to pay the respondents' costs of the proceedings. The exhibits were also returned to the respondents.