The case concerned the conditions applicable to the right to appeal to the National Environment Tribunal.

 The applicant sought an order prohibiting the respondent, the National Environment Tribunal, from hearing, conducting proceeding with and/or determining a case that was at the time before the tribunal.

The Court established that the question was whether or not the 2nd respondent, the appellant before the National Environment Tribunal, had locus standi, to bring the action before the tribunal. The appeal, the applicant contended, was also made outside the six month limitation period.

The Court then concluded that in general, in accordance with section 129(2), a person who has not applied for a licence or participated in the EIA process for the development in question, in the NEMA process of approval or the complaint to PSS could not be seen as aggrieved by the process, and could thus not challenge a decision through an appeal to the Tribunal. If the Tribunal issued a judgment, this would then be ultra vires and should be quashed.

However, in some cases, this is not applicable. In those cases, the limitation of the standing does not apply. The notice of motion therefore failed and was dismissed.