Hamelech Basodeh Pty Ltd v Gold Coast City Council

Hamelech Basodeh Pty Ltd brought an application for judicial review against Gold Coast City Council and the Minister for Lands, Infrastructure, Transport and Logistics. The applicant sought to challenge the decision of the Council to apply to the Minister to resume its land for environmental purposes. The primary issue before the court was whether the Council afforded procedural fairness to the applicant when considering the applicant's objections to the proposed resumption. The court was also required to determine whether the Council acted beyond its jurisdiction in requesting the Minister to resume the land. Another issue was whether a resolution to delegate the power to conduct an objection hearing to a delegate was valid despite the motion not being properly before the meeting.

The court found that the Council failed to afford procedural fairness to the applicant when considering the applicant's objections. The officer who heard the objection hearing took into account material not raised in the hearing and the applicant had no notice that the material would be relied upon. The court held that the applicant's right to be heard had been denied, and the breach of the obligation to afford procedural fairness was material. The court also found that the Council acted beyond its jurisdiction in requesting the Minister to resume the land. The court held that the resolution to delegate the power to conduct the objection hearing to a delegate was valid despite the motion not being properly before the meeting. The court declared the application by the Council to the Minister to acquire the applicant's land void and of no effect. The court also ordered the Council to pay the applicant's costs of the application. The applicant and the Council have liberty to apply for further orders.