Scevola v Minister Administering National Parks and Wildlife

The applicant, Mr Scevola, sought leave to appeal from summary dismissal and costs orders made by the Land and Environment Court. The underlying claim concerned alleged compulsory acquisition of land in contravention of the *Land Acquisition (Just Terms Compensation) Act 1991* (NSW). The appeal was heard by Meagher and Gleeson JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge erred in summarily dismissing Mr Scevola's claim, and whether the discretion exercised by the primary judge in relation to costs had miscarried. The Court also considered an application by the Shoalhaven Landowners Association Incorporated for an extension of time to file its own application for leave to appeal.

The Court of Appeal found no arguable basis to suggest that the primary judge had erred in summarily dismissing the claim. Similarly, no basis was identified upon which the discretion as to costs could be found to have miscarried. Consequently, the Court extended the time for Mr Scevola to file his application for leave to appeal, but then dismissed that application, along with the application by the Shoalhaven Landowners Association Incorporated for an extension of time. Mr Scevola was ordered to pay the respondents' costs of the applications.