South East Forest Rescue Inc v Forestry Corporation of New South Wales (No 2)

The appeal concerned whether South East Forest Rescue Inc. had standing to bring civil enforcement proceedings against the Forestry Corporation of New South Wales in the Land and Environment Court. The primary judge had found that the environmental organisation lacked the requisite standing.

The central legal issue before the Court of Appeal was whether the primary judge erred in concluding that South East Forest Rescue Inc. did not possess standing to commence the proceedings. This required the Court to consider the application of the "special interest" test for standing in the context of environmental litigation, and whether the organisation's interest was more than a mere intellectual or emotional concern and extended beyond that of the public generally.

The Court of Appeal determined that the primary judge had applied the special interest test too narrowly. It reasoned that the test is fact and context specific, requiring an evaluative judgment. The Court found that South East Forest Rescue Inc. had demonstrated a sufficient interest in the subject matter of the proceedings, evidenced by concrete steps taken to give effect to its concerns, which went beyond the general public interest. Consequently, the appeal was allowed, and the order of the Land and Environment Court dismissing the proceedings was set aside.