Allan v Development Allowance Authority

[1999] FCA 426

FEDERAL COURT OF AUSTRALIA

ALLAN v DEVELOPMENT ALLOWANCE AUTHORITY [1999] FCA 426

ADMINISTRATIVE LAW – standing to review decision of statutory authority under the Administrative Appeals Tribunal Act 1975 (Cth) - whether standing is required at the date of commencement of a matter and at the date of the hearing of the matter – whether “loss” of the special interest giving rise to standing after commencement of proceeding renders proceeding frivolous or vexatious - whether a person who has an accrued right to have a decision made in accordance with law has standing even if the person has ceased to have a special interest in the decision being made

Administrative Appeals Tribunal Act 1975 (Cth) s27(1)
Development Allowance Authority Act 1992 (Cth) ss 119, 93O(2)(b), 120

Allan v Development Allowance Authority (1998) 152 ALR 439 - applied
Re McHattan and Collector of Customs (1977) 18 ALR 154 - considered
Sinclair v Mining Warden at Maryborough (1975) 132 CLR 473 - applied
Australian Conservation Foundation v Commonwealth (1980) 146 CLR 493 - considered
Queensland Newsagents Federation Ltd v Trade Practices Commission (1993) 118 ALR 527 - considered
Re Williams and Australian Electoral Commission (1995) 38 ALD 366 – applied
United States Parole Commission v Geraghty 445 US 388 (1980) - considered
Cook & Ors v Colgate University 992 F 2d 17 (1993) - considered
Byron Environment Centre v Arakwal People (1997) 78 FCR 1 - considered
Broken Hill Pty Co Ltd v Trade Practices Tribunal (1980) 31 ALR 401 - considered
Shop Distributive and Allied Employees Association v Minister for Industrial Affairs (SA)
(1995) 183 CLR 552 - considered
Bateman’s Bay Local Aboriginal Land Council v Aboriginal Community Benefit Fund Pty Ltd (1998) 155 ALR 684 - considered
Onus v Alcoa of Australia Ltd (1981) 149 CLR 27 - considered

ALLAN v DEVELOPMENT ALLOWANCE AUTHORITY AND ANOR
VG 449 OF 1998

JUDGE:         MERKEL J
DATE:           14 APRIL 1999
PLACE:         MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VG 449 OF 1998

BETWEEN:

PETER ALLAN
Appellant

AND:

DEVELOPMENT ALLOWANCE AUTHORITY
First Respondent

TRANSURBAN CITY LINK LTD
Second Respondent

JUDGE:

MERKEL J

DATE OF ORDER:

14 APRIL 1999

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.   The appeal and the second respondent’s cross appeal be allowed.

2.   The decision of the Administrative Appeals Tribunal made on 9 September 1998 be set aside.

3.   The matter be remitted to the Administrative Appeals Tribunal to be determined according to law.

4.   The respondents pay the appellant’s costs of and incidental to the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VG 449 OF 1998

BETWEEN:

PETER ALLAN
Appellant

AND:

DEVELOPMENT ALLOWANCE AUTHORITY
First Respondent

TRANSURBAN CITY LINK LTD
Second Respondent

JUDGE:	MERKEL J
DATE:	14 MARCH 1999
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

Introduction

1. The present case is an example of the fortitude required by a citizen who wishes to draw upon administrative law procedures…