Ku-Ring-Gai Municipal Council v Masterplan Consultants Pty. Ltd

Ku-Ring-Gai Municipal Council appealed to the Supreme Court of New South Wales, Court of Appeal, against a decision of the Land and Environment Court. The dispute concerned the Council's refusal of a development application made by Masterplan Consultants Pty. Ltd. The appeal arose after a preliminary question of law was decided by a judge of the Land and Environment Court, with the assessor then following that ruling.

The central legal issue before the Court of Appeal was whether the assessor in the Land and Environment Court had erred in law by following the preliminary ruling of a judge of that court, rather than determining the preliminary question of law independently. The Council contended that the assessor was bound by the judge's ruling, and that the appeal should therefore be allowed.

The Court of Appeal held that the assessor, in hearing the appeal from the Council's decision, was not bound by the preliminary ruling of a judge of the Land and Environment Court on a question of law. The Court reasoned that the assessor's role was to hear and determine the appeal afresh, and that this included the determination of any preliminary questions of law. The Court distinguished this situation from one where a judge of the Land and Environment Court had made a final determination of the appeal.

The Court of Appeal allowed the appeal, set aside the decision of the Land and Environment Court, and remitted the matter to the Land and Environment Court for determination according to law.