Segal v Waverley Council

The appeal concerned a development consent granted by a Commissioner of the Land and Environment Court to Waverley Council, despite an earlier refusal of a similar application for a neighbouring property by a different Commissioner. The applicant, Segal, argued that the Commissioner was bound to consider and follow the earlier decision.

The primary legal issue before the Court of Appeal was whether the Commissioner's failure to refer to, or follow, the earlier decision of a judge of co-ordinate jurisdiction constituted an error of law. This raised questions about the principle of judicial comity and the duty of administrative decision-makers to provide reasons and ensure consistency in their decision-making.

The Court of Appeal held that while there is no strict rule of precedent in the Land and Environment Court, a Commissioner is not entitled to ignore a prior decision of a judge of co-ordinate jurisdiction, particularly when the facts are similar. The Court reasoned that a failure to acknowledge and address such a prior decision, without adequate justification, could amount to an error of law, especially where it leads to an inconsistent outcome. The Court found that the Commissioner had failed to give adequate reasons for departing from the earlier decision, thereby committing an error of law.

Consequently, the Court of Appeal allowed the appeal, set aside the orders made by Lloyd J, and dismissed Waverley Council's appeal against the Commissioner's decision. Waverley Council was ordered to pay the appellants' costs.