Howlin v Resource Management and Planning Appeal Tribunal

Howlin was the appellant in a dispute against the Resource Management and Planning Appeal Tribunal, which was heard by the Supreme Court of Victoria. The appellant sought leave for judicial review of a decision made by the Tribunal, where the Chairperson had refused to list certain appeals on the basis that they had no prospects of success. The Tribunal did not conduct a hearing in public as required by the relevant legislation, and the Chairperson had no power to decide not to hear and determine an appeal on the basis of lack of prospects of success. The appellant argued that the Tribunal had failed to exercise its jurisdiction.

The central issue before the court was whether the Tribunal had the power to refuse to list appeals on the basis that they had no prospects of success, without conducting a public hearing, and whether the Tribunal had failed to exercise its jurisdiction. The court was required to determine whether the Tribunal's decision was lawful, correct and reasonable, and whether there had been a failure to exercise jurisdiction.

The court found that the Tribunal had no power to refuse to list the appeals on the basis that they had no prospects of success, without conducting a public hearing. The court held that the Tribunal's power was limited to dismissing an appeal as frivolous or vexatious, and did not extend to deciding not to hear and determine an appeal on the basis of lack of prospects of success. The court found that the Tribunal had failed to exercise its jurisdiction by not conducting a public hearing, and by not considering whether the appeals were frivolous or vexatious. The court granted the appellant's application for judicial review and quashed the Tribunal's decision.

The court's final order was that the decision of the Tribunal be quashed, and that the matter be remitted to the Tribunal for reconsideration in accordance with the court's reasons. The court did not make any orders as to costs.