Acquista Investments Pty Ltd v Urban Renewal Authority

Acquista Investments Pty Ltd and others appealed the dismissal of their claim for judicial review concerning a Deed granting options to purchase land held by the Urban Renewal Authority. The appellants, who wished to tender for the land on the open market, argued that the Authority's decision to enter into the Deed, rather than selling the land publicly, was unlawful. The trial judge had found the decision unlawful due to the overlooking of mandatory considerations under s 11 of the Public Corporations Act and unreasonable in the *Wednesbury* sense due to insufficient investigation of the land's value and alternative sale methods. However, the trial judge did not declare the Deed void. The respondents cross-appealed, contending that the trial judge erred in finding the decision unlawful and unreasonable.

The primary legal issues before the Full Court were whether the trial judge erred in finding the Authority's decision to enter the Deed unlawful and unreasonable, and if so, whether the Deed should have been declared void or unenforceable. The respondents, by notices of contention, sought to have the trial judge's findings of unlawfulness and unreasonableness set aside.

The Full Court found that the trial judge correctly inferred that the Minister approved the execution of the contract by the Chief Executive, as required by the "Property Delegation," based on the sequence of events, the Minister's involvement in the Cabinet submission, and the role of his staff. The Court also agreed with the trial judge that the Minister was not acting under dictation, as he was entitled to consider government policy indicated by the Cabinet's decision. The Court considered an inquiry into whether the Chief Executive made an independent "substantive decision" to enter the contract to be unwarranted, noting the extensive involvement of Authority staff in examining the proposal and preparing the contract. The Court did not address the grounds of appeal concerning the lawfulness and unreasonableness of the decision, nor the enforceability of the Deed, as it found the Minister's approval to be valid.