No Dump Residents Association Inc v Collex Pty Limited

The No Dump Residents Association Inc (the Association) appealed to the Supreme Court of New South Wales, Court of Appeal, against a decision of the primary judge concerning the validity of a development consent granted to Collex Pty Limited (Collex) for a waste transfer terminal. The dispute centred on the interpretation of the term "the subject land" within section 4 of the *Clyde Waste Transfer Terminal (Special Provisions) Act 2003* (NSW).

The Court was required to determine the correct interpretation of "the subject land" as defined in the Act, and consequently, whether the development consent granted to Collex was validly issued. Additionally, the Court considered whether the Association qualified as a "public interest" litigant for the purposes of costs, following their unsuccessful challenge to the development consent.

The Court of Appeal dismissed the appeal, upholding the primary judge's decision. The reasoning focused on the statutory interpretation of "the subject land," finding that the definition encompassed the land as described in the relevant development application and consent, and that the consent had been lawfully granted. Regarding costs, the Court found no error in the trial judge's discretionary finding that the Association was not a "public interest" litigant, and therefore, each party was ordered to bear its own costs of the appeal.