SUPREME COURT OF QUEENSLAND
CITATION:
Austin BMI Pty Ltd v Deputy Premier [2023] QSC 95
PARTIES:
In Matter No 2105 of 2022
AUSTIN BMI PTY LTD (ACN 164 204 308)
(applicant)
V
DEPUTY PREMIER, MINISTER FOR STATE DEVELOPMENT, LOCAL GOVERNMENT AND PLANNING AND MINISTR ASSISTING THE PREMIER ON OLYMPICS INFRASTRUCTURE
(first respondent)
AND
WANLESS RECYCLING PARK PTY LTD (ACN 623 407 081)
(second respondent)
AND
IPSWICH CITY COUNCIL
(third respondent)
In Matter No 2198 of 2022
VEOLIA ENVIRONMENTAL SERVICES (AUSTRALIA) PTY LTD (ACN 051 316 584) AND (AUSTRALIA) PTY LTD (ACN 100 535 751) trading as TI-TREE BIO-ENERGY (ABN 67 450 387 919) an unincorporated join venture
(applicant)
V
DEPUTY PREMIER, MINISTER FOR STATE DEVELOPMENT, LOCAL GOVERNMENT AND PLANNING AND MINISTR ASSISTING THE PREMIER ON OLYMPICS INFRASTRUCTURE
(first respondent)
AND
WANLESS RECYCLING PARK PTY LTD (ACN 623 407 081)
(second respondent)
AND
IPSWICH CITY COUNCIL
(third respondent)
In Matter No 2192 of 2022
CAROL ASHWORTH
(first applicant)
AND
CORNELIA TURNI
(second applicant)
AND
ROSEMAREE THOMASSON
(third applicant)
AND
KERRY MAREE BUTLER
(fourth applicant)
AND
KERRI ANNE LYNCH
(fifth applicant)
AND
MARK MEIER
(sixth applicant)
V
DEPUTY PREMIER, MINISTER FOR STATE DEVELOPMENT, LOCAL GOVERNMENT AND PLANNING AND MINISTR ASSISTING THE PREMIER ON OLYMPICS INFRASTRUCTURE
(first respondent)
AND
WANLESS RECYCLING PARK PTY LTD (ACN 623 407 081)
(second respondent)
AND
IPSWICH CITY COUNCIL
(third respondent)
FILE NO/S:
2105 of 2022; 2192 of 2022; 2198 of 2022
DIVISION:
Trial
PROCEEDING:
Applications
ORIGINATING COURT:
Supreme Court
DELIVERED ON:
5 May 2023
DELIVERED AT:
Brisbane
HEARING DATES:
28 to 30 September and 10 October 2022; Further written submissions of the joint applicants dated 7 October 2022; further written undated submissions of the Ashworth parties, further written submissions of the first respondent dated 14 October 2022; further written submissions of the second respondent dated 14 October 2022; further written submissions of the Attorney-General dated 20 October 2022; and further written submissions of the joint applicants dated 21 October 2022.
JUDGE:
Freeburn J
ORDERS:
1. The applications are dismissed.
2. The parties be heard on the form of the orders and on costs.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – where a decision was made to call-in a development application – where the applicants argue that the decision made was affected by apprehended bias – whether the decision maker had an obligation of procedural fairness - whether the principles of procedural fairness will apply or whether the principles have been excluded by statute
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – APPREHENDED BIAS – where the bias rule is not excluded by statute – where it is argued the decision to call in the development was influenced by political considerations and lobbying – whether a fair-minded lay observer would apprehend bias based on the circumstances
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – FAILURE TO TAKE INTO ACCOUNT A RELEVANT CONSIDERATION - where it is submitted that the decision maker failed to consider representations in deciding…
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- Case
- [2023] QSC 95
- Decision Date
CaseChat Overview and Summary
The court examined whether the principles of procedural fairness applied to the decision to call-in the development application. It found that Section 231 of the Planning Act was a privative clause that excluded judicial review except in cases of jurisdictional error. The court held that the principles of procedural fairness were not excluded by statute and therefore applied. The court also considered whether the decision-maker was biased, finding that a fair-minded observer would not apprehend bias based on the circumstances. Regarding the failure to consider relevant representations, the court found that the decision-maker was not required to evaluate the representations. The court determined that the decision was not unreasonable or irrational, as it was consistent with similar applications. The court concluded that the decision-maker provided sufficient reasons for the decision to call-in the application.
The court dismissed the applications and ordered that the parties be heard on the form of the orders and on costs. The decision underscores the importance of understanding the scope of privative clauses and the application of procedural fairness principles in administrative law. The court's analysis provides clarity on the grounds for judicial review and the standards that must be met for a decision to be deemed reasonable and fair.
Orders
Orders of the court
1. The applications are dismissed.
2. The parties be heard on the form of the orders and on costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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