Bankstown City Council v Alamdo Holdings Pty Ltd

Bankstown City Council (the Council) and Alamdo Holdings Pty Ltd (Alamdo) were the parties in this matter before the High Court of Australia. The dispute concerned the validity of a development consent granted by the Council to Alamdo for the construction of a shopping centre. The Council sought to revoke this consent, alleging that it had been obtained by fraud.

The High Court was required to determine whether the Council had the power to revoke a development consent once it had been granted, particularly in circumstances where the consent was alleged to have been obtained by fraud. The central legal issue was the nature of a development consent and the extent of the Council's statutory powers in relation to such consents.

The Court held that a development consent, once granted, is a final decision and does not create a continuing power for the granting authority to revoke it. The Court reasoned that the Local Government Act 1993 (NSW) did not confer upon the Council a power to revoke a development consent on the grounds of fraud or any other ground after it had been validly issued. The principles of administrative law, including the finality of administrative decisions and the need for certainty, were applied. The Court distinguished between the initial grant of consent and any subsequent review or appeal processes that might be available.

The High Court allowed the appeal, finding that the Council did not have the power to revoke the development consent.