Secretary, Department of Planning and Environment v Goodman Property Services (Aust) Pty Ltd; Secretary, Department of Planning and Environment v Burton Contractors Pty Ltd T/as Burton Civil Engineering Contractors..

The parties involved in this case were the Secretary of the Department of Planning and Environment and two construction companies, Goodman Property Services (Aust) Pty Ltd and Burton Contractors Pty Ltd T/as Burton Civil Engineering Contractors. The dispute centred around the validity of two development approval decisions made by the Secretary regarding construction projects in Sydney. The case was heard in the Supreme Court of New South Wales. The Secretary sought a declaration that the approval decisions were invalid, along with an order for the companies to remove structures that had been erected without proper consent. The companies, in turn, argued that the Secretary had no power to declare the approvals invalid and that they had acted in good faith.

The primary legal issues before the court involved the interpretation of statutory provisions governing development approvals and the circumstances under which such approvals could be declared invalid. The court had to determine whether the Secretary's actions were within the scope of the statutory powers granted to them and whether the companies' actions warranted the invalidation of the approvals. The court also considered whether the Secretary had acted procedurally unfair by failing to provide adequate notice and opportunity to be heard before making the decisions.

In delivering the judgment, the court found that the Secretary had acted within their statutory powers and that the development approvals were indeed invalid. The court held that the Secretary had the authority to declare the approvals invalid due to non-compliance with statutory requirements and procedural fairness. The court emphasised that the companies had failed to meet certain conditions of their approvals, which justified the Secretary's actions. Consequently, the Secretary's declaration of invalidity was upheld, and the court granted the orders sought, including the removal of the unauthorised structures. The companies were also ordered to pay costs associated with the proceedings.