General Nominees Pty Ltd (ATF Family Trust Four) v The Metro Inner-North Joint Development Assessment Panel

General Nominees Pty Ltd (ATF Family Trust Four) sought judicial review of a decision of the Metro Inner-North Joint Development Assessment Panel (JDAP). The dispute centred around the JDAP's assessment of a development application and the alleged failure to properly consider relevant planning codes. The Supreme Court of Western Australia was tasked with determining whether the JDAP had made a jurisdictional error in its assessment of the application. The primary legal issue before the court was whether the JDAP had failed to give due regard to the relevant planning codes, specifically volume 1 of the Residential Codes (R-Codes). The applicant bore the burden of proving that the JDAP had not given due regard to the R-Codes, a burden that was considered to be on the balance of probabilities. The court emphasised that the presumption of regularity applied, which meant that the JDAP was presumed to have considered the relevant planning codes unless the applicant could prove otherwise.

The court analysed the JDAP's reasons for its decision and found that there was no evidence of a failure to give due regard to the R-Codes. The JDAP's assessment demonstrated that it had considered the relevant planning codes and had exercised its discretion in weighing those considerations. The court held that the applicant had not discharged the burden of proving, on the balance of probabilities, that the JDAP had failed to give due regard to the R-Codes. The court found no jurisdictional error and dismissed the application for judicial review. The court further clarified the principles surrounding the burden of proof in such cases, emphasising that the applicant must prove the jurisdictional error on the balance of probabilities and that the decision-maker had no obligation to prove that it had given due regard to the planning codes.

In light of the above, the Supreme Court of Western Australia dismissed General Nominees Pty Ltd (ATF Family Trust Four)'s application for judicial review. The court found that the JDAP had properly considered the relevant planning codes and had not made a jurisdictional error. The applicant was ordered to pay the costs of the proceeding. The decision reinforces the principles of the burden of proof in judicial review cases and the presumption of regularity in decision-making by public authorities.