 The central issue for determination was whether the decision of council to accept a development application without a Species Impact Statement was reviewable.The Court of Appeal had to rule on the question of whether a development 'likely to significantly affect threatened species' involves a jurisdictional fact and whether evidence of the existence or non-existence of that fact was admissible in appeal from council's decision.Spigelman CJ held that the issue of "likely to significantly affect threatened species" involves a jurisdictional fact.