K C Park Safe v Cairns City Council

K C Park Safe (Brisbane) Pty Ltd ("the Applicant") applied for interlocutory relief against the Cairns City Council ("the Council"). The Applicant sought directions for the further conduct of its application for judicial review, a stay of further action by the Council in furtherance of the decision, and provision by the Council of a statement of reasons for the decision. The Council cross-claimed to stay or dismiss the application under s.48 of the Judicial Review Act. The decisions challenged were two resolutions carried at a meeting of the Council on 7 May 1996. The first resolution put an end to negotiations under an earlier tender process, and the second authorised the calling of fresh tenders for an altered type of project. The Court considered whether there was a serious question to be tried as to whether any reviewable decision had been made that could properly be set aside on judicial review. The Applicant's submission was that the decisions were ones to which the Judicial Review Act applied because they were made "under an enactment". The Court considered the relevant provisions of the Local Government Act and held that there was at least a serious question to be tried that the first resolution was a decision made under an enactment. The Court held that the Applicant was not entitled to expect or require procedural fairness in the making of the decision by the Council. The Court considered whether the decision was taken without awareness of the fact that the Applicant had obtained finance within the extended time granted to it by the Council's solicitors. The Court held that there would be a serious question to be tried whether the Applicant had been deprived of natural justice in the making of that decision. The Court considered the balance of convenience and held that it strongly favoured the Council. The Court held that it would be "inappropriate" for the Applicant's proceedings in relation to this application to be continued, but only provided that the respondent Council was prepared to undertake to pay damages in the terms mentioned above. The Court made orders that the application for statutory order of review be stayed, the Applicant's application to stay further action by the Council in furtherance of its decisions be dismissed, the application for provision by the Council of a statement of reasons be dismissed, and directions be given for the further conduct of proceedings with respect to the enforcement of the Respondent's undertaking as to damages.