M. & S. Investments (NSW) Pty Ltd v Affordable Demolitions and Excavations Pty Ltd

The appeal concerned the dismissal of proceedings against Affordable Demolitions and Excavations Pty Ltd and others for offences relating to waste disposal and pollution of land. The primary issue was whether the proceedings were commenced within the statutory time limit, which depended on when evidence of the offence first came to the attention of an authorised officer. The court was required to determine whether certain individuals had been validly appointed as authorised officers under the relevant legislation.

The court considered the interpretation of the applicable statute concerning the appointment of authorised officers. It was found that the lower courts had misconstrued the statute by conflating the power to delegate functions with the power to appoint authorised officers. The instrument of delegation relied upon did not constitute an appointment of authorised officers, but rather a delegation of functions to individuals who were already authorised officers. This misconstruction led to a misdirection by the consideration of a non-applicable statute.

Consequently, the appeal against the decision of Pepper J was upheld. The court granted leave to appeal and allowed the appellant to adduce additional evidence. The summons for judicial review of Pepper J's decision was dismissed as unnecessary. However, leave to appeal against the decision of Pain J was refused, and the summons for judicial review of that decision was also dismissed. The court made orders regarding the costs of the proceedings.