Forestry Corporation of New South Wales v. South East Forest Rescue Incorporated INC9894030
Case No.
S120/2024
Case Information
Lower Court Judgment
16/05/2024 Supreme Court of New South Wales (Court of Appeal) (Adamson JA, Basten AJA , Griffiths AJA)
Catchwords
Civil procedure – standing – where respondent environmental organisation brought civil enforcement proceedings seeking injunctive and declaratory relief against respondent in relation to certain forestry operations on basis of impact on three species of glider – where primary judge found respondent lacked standing because of no “special interest” in subject matter – where Court of Appeal set aside decision on basis that clear language required to abrogate or curtail fundamental rights – whether Court of Appeal erred in concluding that on proper construction of Forestry Act 2012 (NSW), ss 69SB and 69ZA and Biodiversity Conservation Act 2016 (NSW), ss 13, 14 and 13.14A private entities have standing to bring civil enforcement proceedings for alleged breach of integrated forestry operations agreement – whether there is presumption of standing to bring proceedings for alleged breach by third party where private person or entity has “special interest” unless abrogated by statute.
Documents*
05/09/2024 Determination (SLA, Canberra)
19/09/2024 Notice of appeal
24/10/2024 Written submissions (Appellant)
24/10/2024 Chronology (Appellant)
21/11/2024 Written submissions (Respondent)
10/12/2024 Amended written submissions (Respondent)
12/12/2024 Reply
12/02/2025 Hearing (Full Court, Canberra) (Audio-visual recording)
12/02/2025 Outline of oral argument (Appellant)
12/02/2025 Outline of oral argument (Respondent)
09/04/2025 Judgment (Judgment summary)