Croft v Broad (Minister for Energy & Resources)
[2001] VSCA 112
•30 July 2001
SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 7150 of 1999
| TERRY F. CROFT |
| Appellant |
| v. |
| CANDY BROAD (THE MINISTER FOR ENERGY AND RESOURCES) |
| Respondents |
---
JUDGES: | BROOKING, BATT and BUCHANAN, JJ.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 30 July 2001 | |
DATE OF JUDGMENT: | 30 July 2001 | |
MEDIUM NEUTRAL CITATION: | [2001] VSCA 112 | |
---
ADMINISTRATIVE LAW - Decision - Natural justice - Minister's decision on tender to undertake mineral exploration - Whether Minister a "tribunal".
Administrative Law Act 1978, s.2.
Mineral Resources Development Act 1990, s.27.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr A. Krohn | Baker & Armstrong |
| For the Respondents | Mr P.C. Golombek | Victorian Government Solicitor |
BROOKING, J.A.:
We see no reason to doubt the correctness of the decision of Beach, J. that the Delegate of the Minister, and, for that matter, the Minister himself or herself, is not a "tribunal" within the meaning of s.2 of the Administrative Law Act 1978, and we see no reason to doubt the correctness of his Honour's reasons for decision. We are not left in doubt notwithstanding the additional authorities to which we have been referred by counsel and the argument put to us based on the possibility of bias - an argument not put to the judge and one which we regard as insubstantial. It is therefore unnecessary to decide whether the order of Beach, J. is interlocutory, and so unnecessary to consider Monash University v. Berg[1].
[1][1984] V.R.383.
The appeal is dismissed with costs.
---
0
0
0