Hartwig v PE Hack

The applicant, Hartwig, sought to have an order set aside which required him to remove a caravan from a road in New South Wales. The respondents were PE Hack, the caravan manufacturer, and the Minister for Transport and Regional Services. The matter was heard in the Federal Court of Australia.

Hartwig contended that the order was invalid because it had not been personally served on him and was therefore beyond the jurisdiction of the court. Additionally, he argued that the order was unreasonable and should be set aside on that basis. The respondents contended that the order was validly made and properly served and that the court should not interfere with its exercise of discretion. The central legal issues for the court to determine were whether the order was validly made and served and, if so, whether it was so unreasonable as to be quashed.

The court found that the order was validly made and properly served, and thus within the jurisdiction of the court. The court held that it would not interfere with the exercise of the Minister’s discretion unless it was shown to be plainly wrong. The court held that Hartwig had not demonstrated that the order was plainly wrong and dismissed his application. The court also ordered that the Minister for Transport and Regional Services be joined as a party to the proceedings.