South Australian Consolidated Acts South Australian Consolidated Acts88—Powers of Court in determining any matter
(1) The Court may, on
hearing any proceedings under this Act—
(a)
confirm, vary or reverse any decision, assessment, consent, approval,
direction, act, order or determination to which the proceedings relate;
(b)
affirm, vary or quash any order, notice or other authority that has been
issued;
(c)
order or direct a person or body to take such action as the Court thinks fit,
or to refrain (either temporarily or permanently) from such action or activity
as the Court thinks fit;
(d) if
appropriate to the subject matter of the proceedings, order—
(i)
that a building (or any part of a building) be altered,
reinstated or rectified in a manner specified by the Court;
(ii)
that a party to the dispute remove or demolish a building
(or any part of a building);
(da) if
appropriate in the circumstances of the proceedings—make any
determination or declaration, or grant any other remedy or relief as the Court
thinks fit;
(e) make
any consequential or ancillary order or direction, or impose any condition,
that it considers necessary or expedient.
(2) The following
provisions apply in connection with the exercise of the Court's jurisdiction
in any proceedings under this Act:
(a)
subject to paragraph (b), the Court should only seek to deal with and
resolve those issues in dispute between the parties and should not, unless
the Court considers it to be necessary or appropriate to do so, consider any
aspect of the decision, assessment, consent, approval, direction, act, order
or determination that is not being challenged;
(i)
a person who has applied for a development authorisation
is appealing against a refusal to grant the authorisation; or
(ii)
a third party is appealing against a decision to grant a
development authorisation,
the Court may (if the Court thinks fit) proceed to consider the matter de novo
(adopting such processes and procedures as it thinks fit and taking into
account any material that was before the relevant authority when it refused to
grant the authorisation and such other evidence or material as the Court
thinks fit);
(c)
the Court may, in dealing with an application from a person to be joined as a
party to the proceedings (other than the Crown, a relevant authority applying
under section 37, or a person who was entitled to be given notice of a
decision in respect of a Category 3 development under section 38 (if
relevant)), determine not to grant the application—
(i)
on the ground that the Court is not satisfied that the
person has a special interest in the subject-matter of the application; or
(ii)
on the ground that, whatever the interest of the person
may be, the Court is not satisfied that the interests of justice require that
the person be joined as a party; or
(iii)
on any other ground determined to be appropriate by the
Court.