Krulow v Glamorgan Spring Bay Council

The Supreme Court of Tasmania, constituted by Blow CJ, Porter and Estcourt JJ, heard an appeal from a decision concerning the enforcement of orders made by the Resources Management and Planning Appeal Tribunal. The appellant, Krulow, was prosecuted for failing to comply with these orders. Krulow contended that the orders were invalid due to jurisdictional error and therefore could not form the basis of a prosecution.

The central legal issue before the Court was whether an order made by the Resources Management and Planning Appeal Tribunal, which the appellant alleged was affected by jurisdictional error, remained valid and effective unless and until it was formally quashed or set aside in separate proceedings. Consequently, the Court had to determine whether such an order was open to collateral challenge in the context of a prosecution for non-compliance.

The Court reasoned that, in accordance with established principles of administrative law, an order made by a tribunal with apparent jurisdiction, even if affected by jurisdictional error, remains valid and effective until it is set aside by a court of competent jurisdiction in proceedings brought for that purpose. The Court held that the appellant could not collaterally challenge the validity of the Tribunal's orders in the enforcement proceedings. Therefore, the appeal was dismissed.