Carlewie Pty Ltd v Roads and Maritime Services

Carlewie Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Land and Environment Court. The dispute concerned the validity of a judgment rendered by the Land and Environment Court, which was constituted by a judge assisted by a Commissioner. Carlewie argued that the Commissioner had improperly adjudicated on matters, thereby invalidating the judgment.

The central legal issue before the Court of Appeal was whether the Land and Environment Court, when constituted by a judge and a Commissioner, had acted within its jurisdictional limits. Specifically, the court had to determine the scope of a Commissioner's role under the *Land and Environment Court Act 1979* (NSW), particularly the prohibition against Commissioners adjudicating on any matter, and whether the language used in the judgment indicated that the Commissioner had indeed adjudicated rather than merely assisted and advised the judge.

The Court of Appeal found that the language of the judgment strongly suggested that the Commissioner had participated in the adjudication of the matters before the court, contrary to the statutory limitations on their role. The court applied the principle that Commissioners are empowered to assist and advise the Court but are expressly prohibited from adjudicating. The judgment's wording indicated a joint decision-making process that exceeded the Commissioner's statutory authority.

Consequently, the Court of Appeal allowed the appeal, set aside the judgment and orders made by the Land and Environment Court on 30 June 2017, and ordered that the respondent pay the appellant's costs of the appeal. The costs of the first trial were to be determined by the Land and Environment Court upon the remittal of the proceedings.