SUPREME COURT OF SOUTH AUSTRALIA
(Land and Valuation Division: Civil)
DAVIES v MINISTER FOR URBAN DEVELOPMENT AND PLANNING & ANOR
[2011] SASC 87
Judgment of The Honourable Justice Bleby
26 May 2011
ADMINISTRATIVE LAW - JUDICIAL REVIEW - POWERS OF COURTS UNDER JUDICIAL REVIEW LEGISLATION - DECLARATIONS
PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - DECLARATIONS - JURISDICTION
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - SUMMARY JUDGMENT
PROCEDURE - SUPREME COURT PROCEDURE - SOUTH AUSTRALIA - PROCEDURE UNDER RULES OF COURT - TIME
Plaintiff challenges validity of the amendment of the Development Plan of the Rural City of Murray Bridge – amendment concerned the boundary between the Fringe Zone and the Flood Zone across the plaintiff’s land – plaintiff seeks declaratory relief only – defendants seek summary judgment against plaintiff – no reasonable basis for claim – alternative claim that the proceedings constitute an abuse of process.
Consideration of Court’s declaratory jurisdiction – discretionary remedy – application to proceedings challenging validity of administration action – relevance of limitation period for judicial review to the exercise of the discretion.
Consideration of principles governing summary judgment – proper interpretation of r 232(2)(b), Supreme Court Civil Rules 2006 – application to discretionary relief.
Form of relief claimed – whether consideration limited to effect of alleged invalidity on plaintiff’s land alone – whether declaration merely of unlawfulness of defendants’ action available – consideration of principle discussed in Project Blue Sky v Australian Broadcasting Authority.
Consideration of factors relevant to the exercise of discretion – passage of time – whether amendment of Development Plan is a quasi-legislative act – prejudice to the plaintiff in granting summary judgment – relevance of history of unlawful development – prejudice to defendants and others in granting relief to plaintiff – whether no reasonable prospect of trial judge exercising discretion to grant relief.
Abuse of process – r 193(b) Supreme Court Civil Rules – relevance of availability of judicial review remedy – relevance of passage of time.
Held: No abuse of process – summary judgment granted.
Development Act 1993 (SA) s 26, s 27, s 29, s 35, s 40; Supreme Court Civil Rules 2006 (SA) r 193, r 200, r 232; Supreme Court Act 1935 (SA) s 17, s 31, referred to.
Spencer v Commonwealth (2010) 241 CLR 118, applied.
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; Ulowski v Miller [1968] SASR 277; Jack Brabham Holdings Pty Ltd v Button (1988) 94 FLR 278; BQ Doe Pty Ltd v National Australia Bank [1999] SASC 124; Lauro v The Marble House of Australia Pty Ltd [2010] SASC 211, distinguished.
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87; Ceneavenue Pty Ltd v Martin (2008) 106 SASR 1, not followed.
Bade v Rural City of Murray Bridge and Davies (2008) 101 SASR 302, discussed.
Tavitian v Commissioner of…
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- Case
- [2011] SASC 87
- Decision Date
CaseChat Overview and Summary
The court first examined the discretionary nature of declaratory relief and its application in proceedings challenging the validity of administrative actions. The court noted that the limitation period for judicial review was relevant to the exercise of the court's discretion but did not necessarily bar the grant of a declaration. The court then turned to the principles governing summary judgment, specifically rule 232(2)(b) of the Supreme Court Civil Rules 2006, which allows summary judgment if there is no reasonable basis for the claim against the applicant. The court considered whether the plaintiff's claim for a declaration of unlawfulness was available and whether the form of relief claimed was limited to the effect of the alleged invalidity on the plaintiff's land alone. The court also considered factors relevant to the exercise of the discretion, including the passage of time, the quasi-legislative nature of the amendment, and the potential prejudice to the plaintiff and others if relief were granted.
Finally, the court addressed the issue of abuse of process, considering the relevance of the availability of judicial review and the passage of time. The court held that there was no abuse of process and granted summary judgment in favour of the defendants. The court found that the plaintiff's claim had no reasonable prospect of success and that the defendants would be prejudiced if relief were granted. The court also noted that the principles of laches were not relevant to the grant of declaratory relief in this context.
In summary, the court granted summary judgment in favour of the defendants, finding that there was no reasonable basis for the plaintiff's claim and that the proceedings did not constitute an abuse of process. The court's decision highlights the importance of considering the discretionary nature of declaratory relief, the principles governing summary judgment, and the potential prejudice to all parties when exercising the court's discretion to grant relief.
Orders
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Background
Background to the litigation
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Decision
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Ratio Decidendi
Legal Principle Established
Established by: BLEBY J
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