Catholic Metropolitan Cemeteries Trust v Attorney General of New South Wales

The Catholic Metropolitan Cemeteries Trust (CMCT) sought judicial review of a decision by the Attorney-General of New South Wales to refuse consent to a development application for a new cemetery. The dispute concerned the interpretation and application of the *Cemeteries and Crematoria Act 1901* (NSW) and the *Environmental Planning and Assessment Act 1979* (NSW), specifically regarding the Attorney-General's power to grant or refuse consent for new cemeteries. The matter was heard by the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were: (1) whether the Attorney-General had erred in law by failing to consider relevant considerations and taking into account irrelevant considerations when refusing consent; (2) whether the Attorney-General had misinterpreted the scope of his discretion under the *Cemeteries and Crematoria Act 1901* (NSW); and (3) whether the Attorney-General had failed to provide adequate reasons for his decision.

The Court of Appeal found that the Attorney-General had misinterpreted the statutory framework governing the establishment of new cemeteries. It held that the Attorney-General's discretion under the *Cemeteries and Crematoria Act 1901* (NSW) was not unfettered and that the refusal of consent was based on considerations that were not relevant to the statutory purpose. The Court emphasised that the Attorney-General was required to consider the specific criteria outlined in the legislation and that a failure to do so constituted an error of law. The Court also found that the reasons provided for the refusal were insufficient.

The Court of Appeal ordered that the Attorney-General's decision be quashed and remitted the matter back to the Attorney-General for reconsideration according to law.