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Supreme Court Case Judgement

The judgement on Friends of Mallacoota vs Minister for Planning and Anor was delivered by Justice Osborn on 27 May 2010.  Please see our Media Release in regard to the judgement.

The court case tested the legality of Minister Madden ignoring his own Independent Panel’s advice, which was to not proceed with this development and implement a lower impact solution at Bastion Point.

The case looked at administrative process, not the merits of the case, and found that Minister Madden had acted within the legal bounds of his responsibility.

However, Justice Osborn found ‘there is nothing in the material before the Court which supports the view that the Panel’s assessment was other than a careful, fair and balanced evaluation of all the material before it.’

The Save Bastion Point campaign will continue to lobby Minister Jennings to accept the Panel’s recommendations and reject the proposal under the Coastal Management Act.

The full judgement may be downloaded from our Resources page Friends v Madden, along with a plain language summary of the implications of the judgement.