Aznavour Pty Ltd v City of Mandurah

Aznavour Pty Ltd, a property developer, sought judicial review of a decision by the City of Mandurah regarding a condition attached to the approval of a development application. The developer argued that the council's refusal to rescind or vary a condition of approval was unlawful and sought prerogative relief, including a declaration that the council's decision was invalid. The case was heard and dismissed by the Supreme Court of Western Australia.

The central legal issues revolved around the scope of the council's discretion under the Development Act 1993 (WA) and whether the council's decision to not rescind or vary a condition of approval was within its power. The developer contended that the council's decision was unreasonable and that the relief sought was not futile. The council argued that it had acted within its lawful authority and that the application for prerogative relief was an improper interference with its administrative functions.

The court held that the council's decision not to rescind or vary the condition of approval was within its lawful authority. The court found that the council had considered all relevant factors and exercised its discretion reasonably. It was determined that the developer's application for prerogative relief was an improper interference with the council's administrative functions. The court found that the relief sought by the developer was futile, as the council's decision was lawful, and therefore dismissed the application. The court refused all applications made by the developer.