Jandakot Airport Chamber of Commerce Inc and Minister for Infrastructure and Regional Development

The Administrative Appeals Tribunal considered an application by the Jandakot Airport Chamber of Commerce Inc to set aside a summons to produce documents. The summons was directed at Jandakot Airport Holdings Pty Ltd, and the applicant sought production of certain documents in proceedings concerning the Minister for Infrastructure and Regional Development's approval of a Master Plan for Jandakot Airport.

The primary legal issue before the Tribunal was whether the documents sought by the applicant were relevant to the matters in issue in the proceedings. Specifically, the Tribunal had to determine if the applicant's argument that a lessee's failure to meet its obligations, potentially evidenced by financial statements, reflected on the decision to approve or not approve the 2014 Master Plan, was a reasonably arguable ground for production under section 81 of the relevant legislation.

The Tribunal reasoned that the applicant's proposed argument was overly broad and did not reasonably arise under the section 81 considerations. It concluded that the documents described in paragraph (3) of the summons were not required to be produced. Consequently, the Tribunal dismissed the summons in its entirety, but without prejudice to the applicant's right to seek production of documents described in paragraphs (1) and (2) of the summons, depending on how its case was pleaded in a forthcoming amended statement of issues.