Building (Amendment) Act (No 2) 1982 (ACT)

The case under the Building (Amendment) Act (No 2) 1982 involved an appeal by the Building Controller against a decision of the Review Committee. The Building Controller sought to challenge the requirement to publish particulars of decisions made under the Act in the Gazette. The dispute ultimately reached the Supreme Court of the Australian Capital Territory. The central legal issue before the Court was whether the Building Controller had standing to appeal the decision of the Review Committee and whether the Court could review the decision of the Review Committee.

The Court considered the legislative framework and the provisions of the Building (Amendment) Act (No 2) 1982. It found that the Building Controller did not have standing to appeal the decision of the Review Committee. The Court held that the Building Controller's role was to implement the decisions of the Review Committee and that they did not have the authority to challenge those decisions. Furthermore, the Court found that the Review Committee had correctly exercised its discretion in deciding not to publish particulars of the decision in the Gazette. The Court determined that the Review Committee's decision was not subject to judicial review and that the Building Controller's appeal was accordingly dismissed.

The Supreme Court of the Australian Capital Territory dismissed the Building Controller's appeal against the decision of the Review Committee. The Court held that the Building Controller did not have standing to appeal and that the Review Committee's decision was not subject to judicial review. The Court further found that the Review Committee had correctly exercised its discretion in deciding not to publish particulars of the decision in the Gazette. The Court's decision was based on a careful analysis of the statutory provisions and the Court's interpretation of the legislative framework.