Australia Pacific LNG Pty Limited v The Treasurer, Minister for Aboriginal and Torres Strait Island Partnerships and Minister for Sport

Australia Pacific LNG Pty Limited and others brought a case against the Treasurer, Minister for Aboriginal and Torres Strait Islander Partnerships, and Minister for Sport, seeking a statutory order of review under the Judicial Review Act 1991 (Qld) for a decision made under s 148(1)(a) of the Petroleum and Gas (Production and Safety) Regulation 2004 (Qld). Tri-Star Petroleum Company and Tri-Star Australia Holding Company sought to be included in the proceedings as additional parties. The applicants resisted the inclusion of the Tri-Star companies. The key issue was whether the Tri-Star companies’ interest in the review decision entitled them to participate in the proceedings, despite having no right to be heard or participate in the initial decision-making process.

The court found that the Tri-Star companies had a sufficient interest in the review decision, but this alone did not entitle them to participate in the proceedings. The applicants had already been granted leave to bring the review application, and including additional parties would not be in the interests of justice. The court held that the Tri-Star companies' interest did not automatically grant them the right to join the proceedings, especially when the applicants had already been granted leave. The court found that adding the Tri-Star companies as parties would not serve the interests of justice.

The application for joinder was dismissed. The court ordered that Tri-Star Petroleum Company and Tri-Star Australia Holding Company pay the applicants' costs of the application for joinder. This decision highlights the importance of the court's discretion in determining whether to allow additional parties to join proceedings, even when those parties have an interest in the matter. The court's decision underscores the need for a balance between the interests of all parties involved and the efficient administration of justice.