D'Anastasi v Environment, Climate Change and Water NSW

The appeal concerned a dispute between Mr D'Anastasi and the Environment, Climate Change and Water NSW regarding the validity of a statutory notice. The Supreme Court of New South Wales heard the appeal.

The court was required to determine whether an appeal could proceed when the limitation period for prosecuting the alleged offence had expired, and a statutory provision purported to keep an expired notice alive. It also had to consider how a statutory notice should be construed and whether it was validly issued.

The court reasoned that while the Supreme Court does not possess an advisory jurisdiction, it retains a discretion to hear and determine an appeal that has been regularly commenced, particularly where the decision under appeal is likely to affect other cases. The court found that a statutory notice must define the "matter" in connection with which it was issued, unless the governing statute operates in a special manner. Applying this principle, the court held that the notice failed to indicate to the addressee the matter with which it was concerned, and therefore was invalid. The court also noted that a notice should be construed according to what would be conveyed to a reasonable recipient, who may be required to make some enquiries but not enquiries of unrelated third parties.

The appeal was allowed with costs, and the court declared that the notice issued to the appellant was void.