Brisbane Airports Corporation Ltd v Wright

Brisbane Airports Corporation Ltd, the appellant, contested the decision of the Administrative Appeals Tribunal (AAT) which allowed an application by Mr Wright, the respondent, for review of the Minister’s approval of a master plan for the Brisbane Airport. The appellant submitted that the second respondent did not have standing to seek such review. The primary issue for determination was whether the second respondent had standing to seek a review of the Minister’s decision to approve the master plan.

The court examined the provisions of the Airports Act and the Administrative Appeals Tribunal Act, particularly the criteria for establishing standing. The court considered the arguments advanced by the second respondent and the evidence presented regarding his interests being affected by the decision. The court also reviewed the relevant cases on the concept of “affected interests” to determine whether the second respondent met the threshold for standing. The court concluded that the second respondent’s ownership and occupation of a property near the airport were sufficient to establish that his interests were affected by the decision, and thus he had standing to seek review.

The court held that the second respondent’s application for review was valid and dismissed the appellant's challenge to the AAT's decision on standing. The court found that the second respondent's concerns about the potential impact of a second runway on residential areas, including his property, were valid grounds for seeking review.

The court ordered that the second respondent’s application for review be dismissed, affirming the AAT's decision that the second respondent had standing to seek review of the Minister’s decision to approve the master plan.