Ahwang v Torres Strait Island Regional Council

In the case of Ahwang v Torres Strait Island Regional Council, the applicant, Alonza Ahwang, sought a statutory order of review in relation to a decision made by the Torres Strait Island Regional Council (the Council) to grant a 99-year lease of residential property to Anthony Pilot, rather than to the applicant. The applicant argued that the decision was made without observing statutory procedures, specifically those outlined in the Torres Strait Islander Land Act 1991 (Qld). The applicant also claimed that the application was filed more than seven months outside the statutory time limit, and sought an extension of time in which to apply for review.

The court had to determine whether the decision to grant the lease was subject to the statutory procedures outlined in the Torres Strait Islander Land Act, and whether the Council's decision-making process complied with those procedures. The court also had to consider whether the application was filed outside the statutory time limit, and whether an extension of time should be granted.

The court found that the Council's own evidence showed that it made its decision under the Torres Strait Islander Land Act and applied the decision-making process stipulated by s 135 of that Act. The court found that s 135 applied to the decision to grant the lease, and that the Council was required to have regard to any Island custom for decisions of that kind. The court also found that the Council's decision-making process was not in compliance with s 135, as it had not considered any relevant Island custom. The court granted the application for leave to extend time within which to make the application for review, and set aside the decision of the Council to grant the lease. The court referred the expressions of interest of both the applicant and Mr Pilot to the Council for consideration afresh. The court will hear the parties as to costs if they are not agreed in the meantime.