BHP Petroleum (Timor Sea) P/L v Minister for Resources

The Federal Court of Australia was asked to decide an appeal brought by BHP Petroleum (Timor Sea) P/L and others against the Minister for Resources. The case involved a dispute over the interpretation and application of Section 20 of the Petroleum Resources Rent Assessment Act 1987, specifically whether the appellant could combine a number of petroleum projects for assessment purposes. The decision under appeal was made by the Administrative Appeals Tribunal (AAT), which ruled that the appellant's appeal was out of time, and subsequently dismissed the appeal on the merits.

The primary legal issue the court had to address was whether the jurisdictional point regarding the timeliness of the appeal should be decided by the Full Court as a preliminary matter before addressing the merits of the case. The appellant argued that the jurisdictional point should not be considered separately, while the respondent sought to have it determined first. The court also had to consider the potential delays and burdens that might arise from splitting the hearing into two parts, one for the jurisdictional issue and another for the merits.

Justice Heerey decided that the jurisdictional point should not be dealt with as a preliminary issue. He highlighted that the four-day estimate for a full hearing seemed excessive, given that the AAT hearing took only seven days. The court was concerned that separating the jurisdictional issue from the merits could lead to significant delays, potentially pushing the merits hearing to the end of the following year. This would impose a considerable burden on the appellant, who had been seeking resolution since May 1991. The court also noted the potential for uncertainty and hardship, even if interest were payable on any overpaid tax. Consequently, the court dismissed the application and ordered the respondent to pay the appellant's costs of the motion.