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INL Group Limited v Director-General of the New South Wales Department of Planning

INL Group Limited v Director-General of the New South Wales Department of Planning

Case [2011] NSWLEC 256

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AGLC: INL Group Limited v Director-General of the New South Wales Department of Planning [2011] NSWLEC 256
Case: [2011] NSWLEC 256
Decision Date: 23 December 2011

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Amended summons dismissed with costs

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Citations

INL Group Limited v Director-General of the New South Wales Department of Planning [2011] NSWLEC 256

Most Recent Citation

Friends of King Edward Park Inc v Newcastle City Council [2012] NSWLEC 113

Cases Citing This Decision

Queanbeyan-Palerang Regional Council v O’Sullivan [2016] NSWLEC 83
Citation 1 (Para 35)

…Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 at 355-356 and INL Group Limited v Director-General of the New South Wales Department of Planning [2011] NSWLEC 256 at [82]), inasmuch as the brief of evidence did not, as counsel for the council all but conceded, contain any cogent evidence of an intensification bec…
Gilbank v Bloore (No 2) [2012] NSWLEC 273
Citation 2 (Para 1)

…stment NSW (Agriculture Division) [2011] NSWLEC 191 at [69] - [76] and INL Group Ltd v Director-General of the New South Wales Department of Planning [2011] NSWLEC 256 at [31] - [32]. If a duty to inquire is found to arise in relation to this ground the possibility arises that new material not before the decision-ma…
Rossi v Living Choice Australia Ltd t/as Living Choice [2012] NSWLEC 112
Citation 3 (Para 1)

…d Investment NSW (Agriculture Division) [2011] NSWLEC 191 (at [69]-[76]) and INL Group Ltd v Director-General, New South Wales Department of Planning [2011] NSWLEC 256 (at [31]-[32])), none are applicable here.…
Friends of King Edward Park Inc v Newcastle City Council [2012] NSWLEC 113
Citation 4 (Para 1)

…(Agriculture Division) [2011] NSWLEC 191 at [69] - [76] per Moore AJ; INL Group Ltd v Director-General of the New South Wales Department of Planning [2011] NSWLEC 256 at [31] - [32] per Pepper J.…

Cases Cited

Statutory Material Cited

Khadgi v Minister for Immigration [2020] FCCA 964
Citation 1 (Para 1)

…support the inference that there was a failure to take the matter into account ( Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; (2010) 190 FCR 248 at [59] and Bat Advocacy at [44]). This does not mean, however, that a decision-maker who considers a matter and then dismisses it commits error. Mor…
SINGH v Minister for Immigration [2015] FCCA 2347
Citation 2 (Para 1)

…ion ( Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) [1986] HCA 40; 162 CLR 24 at 39-41, Abebe v Commonwealth of Australia [1999] HCA 14; (1999) 197 CLR 510 at [195] and Minister for Immigration v Yusuf [2001] HCA 30; (2001) 206 CLR 323 at [75]).…
Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59
Citation 3

…t Inc v Minister for Planning [2011] NSWLEC 33; (2011) 182 LGERA 370 Bat Advocacy NSW Inc v Minister for Environment Protection Heritage and the Arts [2011] FCAFC 59; (2011) 180 LGERA 99 Bruce v Cole (1998) 45 NSWLR 163 Capital Airport Group Pty Ltd v Director-General of the NSW Department of Planning (No 2) [2011…
Minister for Immigration and Citizenship v SZJSS [2010] HCA 48
Citation 4 (Para 1)

…y-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 at [36] per Brennan J quoted with approval in Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 at [23]).…
Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32
Citation 5 (Para 1)

…(1998) 45 NSWLR 163 at 188, Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 at [75]-[76] and Kostas v HIA Insurance Services Pty Limited [2010] HCA 32; (2010) 241 CLR 390 at [90]-[91].…
Swift v SAS Trustee Corporation [2010] NSWCA 182
Citation 6 (Para 45)

…" means to "give proper, genuine and realistic consideration to the merits of the case", whilst noting the caution in Swift v SAS Trustee Corporation [2010] NSWCA 182 at [45] that those words should not be permitted to encourage a slide into impermissible merits review. No reference was made to a view earlier expre…
Minister for Immigration and Citizenship v SZMDS [2010] HCA 16
Citation 7 (Para 1)

…iated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223, Eshetu at [39] and Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611at [135]); second, or in the alternative, that the decision by the DG was manifestly irrational or illogical; and third, which was…
Minister for Immigration and Citizenship v SZIAI [2009] HCA 39
Citation 8 (Para 1)

…fore him or her ( Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 at 169-170 and Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 111 ALD 15 at [25]).…
Anderson v Director-General of the Department of Environment and Climate Change [2008] NSWCA 337
Citation 9 (Para 51)

…evant matter must be more than merely adverted to or given mere lip-service: Anderson v Director-General Department of Environment and Climate Change [2008] NSWCA 337, 163 LGERA 400 at [51] - [58] ....…
SZLZS v Minister for Immigration and Citizenship [2008] FCA 1690
Citation 10 (Para 1)

…162 CLR 24 at 39-41, Abebe v Commonwealth of Australia [1999] HCA 14; (1999) 197 CLR 510 at [195] and Minister for Immigration v Yusuf [2001] HCA 30; (2001) 206 CLR 323 at [75]).…
Minister for Planning v Walker [2008] NSWCA 224
Citation 11 (Para 1)

…ed by any evidence ( Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 at [62]-[63], approved in Minister for Planning v Walker [2008] NSWCA 224; (2008) 161 LGERA 423 at [35]).…
NTD8 v Australian Crime Commission (No 1a) [2008] FCA 1042
Citation 12 (Para 1)

…nternational [2001] FCA 1700; (2001) 114 FCR 574 at [35]-[40] and [88], Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR 446 at [442] and [457] and Shellharbour City Council v Minister for Planning (No 2) [2011] NSWLEC 107 at [7]).…
Telstra Corporation Ltd v Australian Competition and Consumer Commission (No 2) [2007] FCA 493
Citation 13

…does not satisfy a statutory requirement to have regard to a matter: Telstra Corporation Ltd v Australian Competition and Consumer Commission (No 2) [2007] FCA 493, 240 ALR 135 per Lindgren J at [29].…
Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707
Citation 14 (Para 1)

…arge Business & International [2001] FCA 1700; (2001) 114 FCR 574 at [35]-[40] and [88], Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR 446 at [442] and [457] and Shellharbour City Council v Minister for Planning (No 2) [2011] NSWLEC 107 at [7]).…
Woolworths Ltd v Pallas Newco Pty Ltd [2004] NSWCA 422
Citation 15 (Para 1)

…quarie Generation; Haughton v Minister for Planning and TRUenergy Pty Ltd [2011] NSWLEC 217 (at [218]. See also Woolworths Ltd v Pallas Newco Pty Ltd [2004] NSWCA 422; (2004) 61 NSWLR 707 at [91]):…
SZAYJ v Minister for Immigration [2004] FMCA 918
Citation 16 (Para 1)

…hich each relevant matter receives his or her genuine consideration (see also Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; (2001) 205 CLR 507 at [105]; Bat Advocacy NSW Inc v Minister for Environment Protection Heritage and the Arts [2011] 180 FCAFC 59; (2011) 180 LGERA 99 at [44]).…
Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32
Citation 17 (Para 1)

…e Applicant S20/2002 [2003] HCA 30; (2003) 73 ALD 1 at [37], [52] and [173], Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 78 ALD 224 at [37]-[38] per Gummow and Hayne JJ and SZMDS at [122] and [128]-[131] per Crennan and Bell JJ).…
Applicant A91 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1388
Citation 18 (Para 1)

…case for it. Rather, the decision-maker is under a duty to review the material before him or her ( Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 at 169-170 and Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 111 ALD 15 at [25]).…
NAFT v Minister for Immigration [2003] FCAFC 254
Citation 19 (Para 1)

…jurisdiction and according to law, would have come to such a conclusion" ( Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611 at [39] per Gleeson CJ and McHugh J), and not merely, as was the case in Mr Warnes' report, to seek to engage with the merits of the decision itself.…
Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30
Citation 20 (Para 1)

…separate ground of review to that of manifest unreasonableness (cf Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; (2003) 73 ALD 1 at [37], [52] and [173], Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; (2004) 78 ALD 224 a…
McCormack v Commissioner of Taxation [2001] FCA 1700
Citation 21 (Para 1)

…aker at the time the decision was made is irrelevant and therefore inadmissible ( McCormack v Commissioner of Taxation Large Business & International [2001] FCA 1700; (2001) 114 FCR 574 at [35]-[40] and [88], Australian Retailers Association v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR 446 at [442]…
Zhang v Canterbury City Council [2001] NSWCA 167
Citation 22

…99 In Zhang v Canterbury City Council [2001] NSWCA 167, 51 NSWLR 589 Spigelman CJ, who delivered the leading judgment, held that a matter which a statute required the decision-maker "to take into consideration" must be considered as a fundamental element in, or focal point of his deliberatons. A "mere formalistic r…
Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30
Citation 23

…001) 114 FCR 574 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration v Yusuf [2001] HCA 30; (2001) 206 CLR 32 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; (2010) 190 FCR 248 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39…
Minister for Immigration And Multicultural Affairs v Jia Legeng [2001] HCA 17
Citation 24 (Para 1)

…al process in which each relevant matter receives his or her genuine consideration (see also Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; (2001) 205 CLR 507 at [105]; Bat Advocacy NSW Inc v Minister for Environment Protection Heritage and the Arts [2011] 180 FCAFC 59; (2011) 180 LGERA…
Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21
Citation 25 (Para 1)

…acting within jurisdiction and according to law, would have come to such a conclusion" ( Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611 at [39] per Gleeson CJ and McHugh J), and not merely, as was the case in Mr Warnes' report, to seek to engage with the merits of…
Bruce v Cole [1998] NSWCA 45
Citation 26 (Para 1)

…evidence, can and will amount to an error of law ( Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 at 355-356, Bruce v Cole (1998) 45 NSWLR 163 at 188, Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 at [75]-[76] and Kostas v HIA Insurance Services Pty Limited [2010] HCA 32; (201…
Australian Broadcasting Tribunal v Bond [1990] HCA 33
Citation 27 (Para 1)

…a finding of fact that is incorrect but is founded on some evidence, can and will amount to an error of law ( Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 at 355-356, Bruce v Cole (1998) 45 NSWLR 163 at 188, Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 at [75]-[76] an…
Attorney-General (NSW) v Quin [1990] HCA 21
Citation 28 (Para 1)

…In a judicial review application the limitations of such an approach are obvious ( Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 at [36] per Brennan J quoted with approval in Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 at [23]).…
Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40
Citation 29

…r of Taxation Large Business and International [2001] FCA 1700; (2001) 114 FCR 574 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration v Yusuf [2001] HCA 30; (2001) 206 CLR 32 Minister for Immigration and Citizenship v Khadgi [2010] FCAFC 145; (2010) 190 FCR…
R v Toohey; Ex parte Meneling Station Pty Ltd [1982] HCA 69
Citation 30

…t; Ex parte Sean Investments Pty Ltd [1979] HCA 32; (1979) 180 CLR 322 at 328-330 per Mason J; see also R v Toohey; Ex parte Meneling Station Pty Ltd [1982] HCA 69; (1982) 158 CLR 327 at 333, 338; Queensland Medical Laboratory v Blewett [1988] FCA 423; (1988) 84 ALR 615 at 623.…
R v Hunt; Ex Parte Sean Investments Pty Ltd [1979] HCA 32
Citation 31

…ust "give weight to" that matter or consideration "as a fundamental element in making his determination": R v Hunt; Ex parte Sean Investments Pty Ltd [1979] HCA 32; (1979) 180 CLR 322 at 328-330 per Mason J; see also R v Toohey; Ex parte Meneling Station Pty Ltd [1982] HCA 69; (1982) 158 CLR 327 at 333, 338; Que…
Tobacco Institute of Australia v National Health and Medical Research Council [1996] FCA 1150
Citation 32

…ctual process" directed at the matter required to be considered. In Tobacco Institute of Australia Ltd v National Health and Medical Research Council (1996) 71 FCR 265 at 277 Finn J said:…
Norvill v Chapman [1995] FCA 987
Citation 33

…98 The content of a statutory duty to "have regard to" or "to consider" something has been expressed in various ways. In Tickner v Chapman (1995) 57 FCR 451 at 462 Black CJ said that a duty to "consider" required an "active intellectual process" directed at the matter required to be considered. In Tobacco Institute…
Queensland Medical Laboratory v Blewett [1988] FCA 423
Citation 34

…ason J; see also R v Toohey; Ex parte Meneling Station Pty Ltd [1982] HCA 69; (1982) 158 CLR 327 at 333, 338; Queensland Medical Laboratory v Blewett [1988] FCA 423; (1988) 84 ALR 615 at 623.…
Prasad v Minister for Immigration and Ethnic Affairs [1985] FCA 46
Citation 35 (Para 1)

…of a decision-maker's duty to make the applicant's case for it. Rather, the decision-maker is under a duty to review the material before him or her ( Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 at 169-170 and Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; (2009) 111 ALD 15 at [25]).…
Haughton v Minister for Planning [2011] NSWLEC 217
Citation 36 (Para 1)

…ew, as Craig J recently observed in Haughton v Minister for Planning and Macquarie Generation; Haughton v Minister for Planning and TRUenergy Pty Ltd [2011] NSWLEC 217 (at [218]. See also Woolworths Ltd v Pallas Newco Pty Ltd [2004] NSWCA 422; (2004) 61 NSWLR 707 at [91]):…
Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division) [2011] NSWLEC 191
Citation 37 (Para 1)

…y unreasonableness ( Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division) [2011] NSWLEC 191 at [69]-[76] and the authorities cited thereat), even assuming that the report was admissible, the evidence within it must nevertheless establish tha…
Shellharbour City Council v Minister for Planning (No 2) [2011] NSWLEC 107
Citation 38 (Para 1)

…ation v Reserve Bank of Australia [2005] FCA 1707; (2005) 148 FCR 446 at [442] and [457] and Shellharbour City Council v Minister for Planning (No 2) [2011] NSWLEC 107 at [7]).…
Capital Airport Group Pty Ltd v Director-General of the NSW Department of Planning (No 2) [2011] NSWLEC 83
Citation 39 (Para 1)

…In Capital Airport Group Pty Ltd v Director-General of the NSW Department of Planning (No 2) [2011] NSWLEC 83 Biscoe J usefully reviewed various formulations of the statutory duty to take into account a relevant consideration (at [98]-[100]):…
Australians for Sustainable Development Inc v Minister for Planning [2011] NSWLEC 33
Citation 40 (Para 1)

…rate ground of judicial review wholly divorced from manifest unreasonableness (cf Australians for Sustainable Development Inc v Minister for Planning [2011] NSWLEC 33; (2011) 182 LGERA 370 at [226] where the contrary view was expressed per Biscoe J).…
Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321
Citation 41 (Para 1)

…ing Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 at 355-356, Bruce v Cole (1998) 45 NSWLR 163 at 188, Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 at [75]-[76] and Kostas v HIA Insurance Services Pty Limited [2010] HCA 32; (2010) 241 CLR 390 at [90]-[91].…
Walsh v Parramatta City Council [2007] NSWLEC 255
Citation 42 (Para 1)

…of a marked departure from standards of rationality and reasonableness or unless it is unsupported by any evidence ( Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 at [62]-[63], approved in Minister for Planning v Walker [2008] NSWCA 224; (2008) 161 LGERA 423 at [35]).…

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