Scharer v State of New South Wales

The parties to this matter were Scharer and the State of New South Wales. The dispute concerned the interpretation and application of section 153 of the *National Parks and Wildlife Act 1974* (NSW) and the jurisdiction of the Land and Environment Court to hear a claim for damages in the context of judicial review proceedings. The appeal was heard by the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether a right conferred by planning or environmental law, specifically an easement created under section 153 of the *National Parks and Wildlife Act*, fell within the jurisdiction of the Land and Environment Court, and whether a claim for damages in judicial review proceedings under the *Administrative Decisions (Judicial Review) Act 1977* (NSW) was within that court's jurisdiction, particularly when declaratory and injunctive relief were also sought.

The Court of Appeal confirmed the decision of Santow J, dismissing the appeal. The reasoning focused on the nature of the jurisdiction conferred upon the Land and Environment Court by the relevant legislation. The court held that the Land and Environment Court possessed jurisdiction to determine questions relating to easements created under environmental legislation. Furthermore, it was determined that a claim for damages could be considered ancillary to the primary relief sought in judicial review proceedings, thereby falling within the court's purview. The court also considered the scope of remedies available under the *Administrative Decisions (Judicial Review) Act*, concluding that damages were not a standalone remedy in such proceedings but could be considered in conjunction with other forms of relief.

The appeal was dismissed with costs, and the orders made by Santow J were confirmed. Leave to appeal was revoked.