Carcione Nominees Pty Ltd v Western Australian Planning Commission

Carcione Nominees Pty Ltd sought prerogative writs of certiorari and mandamus against the Western Australian Planning Commission, the Minister for Planning and Infrastructure, and the Department of Planning and Infrastructure. The applicants challenged decisions recommending or supporting changes to the zoning of their land. The central legal issues were whether there was a failure to consider a relevant consideration, whether the decision was made for an improper purpose or took into account an irrelevant consideration, whether there was a breach of the "audi alteram partem" rule of natural justice, and whether the decision was unreasonable or irrational.

The court examined whether the Planning Commission was required to consider the "pending decision" of the Tribunal and the evidence and submissions put before it. The court held that certiorari did not lie in respect of recommendations and "in principle" decisions that had no legal effect upon rights. The court found that there was no failure to take into account a relevant consideration, no improper purpose, no breach of natural justice, and no unreasonableness. The court applied the modern formulation of "Wednesbury unreasonableness" and held that the decision was not irrational. The court also held that it should not provide an "advisory opinion" to a Tribunal.

The relief sought by the applicants was denied, and the orders nisi and stay were discharged.