Josef Vuzem, Maria Vuzem, Jim Cupkovic, Adrianna Cupkovic, Dusan Cupkovic and Sonia Cupkovic, Mobil Oil Australia Limited, BP Australia Limited and P and C Sutton Investments Pty Ltd v Motor Fuel Licensing Board..
Case
•
[1994] SASC 4529
•6 May 1994
Details
AGLC
Case
Decision Date
Josef Vuzem, Maria Vuzem, Jim Cupkovic, Adrianna Cupkovic, Dusan Cupkovic and Sonia Cupkovic, Mobil Oil Australia Limited, BP Australia Limited and P and C Sutton Investments Pty Ltd v Motor Fuel Licensing Board.. [1994] SASC 4529
[1994] SASC 4529
6 May 1994
CaseChat Overview and Summary
This is an application for judicial review, pursuant to SCR98.01, sought to be prosecuted by persons claiming to be aggrieved by a decision of the Motor Fuel Licensing Appeal Tribunal ("the Tribunal") overturning a refusal to transfer a motor fuel retailing licence to new premises. The applicants hold similar licences in the vicinity of the new premises. The applicants contended that the Tribunal had lacked jurisdiction to hear the appeal and had made errors of law that vitiated its decision. The Court found that the applicants did not have locus standi to bring the proceedings, and even if they did, the application was foredoomed to failure. The Court held that the judicial review process is not concerned with questions of the correctness of decisions made within jurisdiction, and the Tribunal was entitled to come to the conclusions it reached based on the evidence before it. The application was dismissed.
Details
Key Legal Topics
Areas of Law
-
Administrative Law
Legal Concepts
-
Jurisdiction
-
Locus Standi
-
Natural Justice & Procedural Fairness
-
Standing
-
Discretionary Relief
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Powell v Queensland University of Technology [2017] QCA 200
Cases Citing This Decision
4
Collins v State of SA & Ors No. Scgrg-97-1510 Judgment No. S6960
[1998] SASC 6960
Powell v Queensland University of Technology
[2017] QCA 200
Collins v State of SA & Ors No. Scgrg-97-1510 Judgment No. S6960
[1998] SASC 6960
Cases Cited
8
Statutory Material Cited
0
Onus v Alcoa of Australia Ltd
[1981] HCA 50
Flaherty v Girgis
[1987] HCA 17