Lionize Group Pty Ltd v Minister for Transport and Infrastructure (No 2)

Lionize Group Pty Ltd (the applicant) sought judicial review of a decision made by the Minister for Transport and Infrastructure (the respondent). The dispute concerned the respondent's refusal to grant the applicant a licence to operate a ferry service on the River Torrens. The matter came before the Full Court of the Supreme Court of South Australia.

The primary legal issue before the Full Court was whether the respondent's decision to refuse the licence was affected by jurisdictional error. This involved determining whether the respondent had failed to take into account a relevant consideration or had taken into account an irrelevant consideration when making the decision, thereby vitiating the lawfulness of the decision-making process.

The Full Court reasoned that the Minister's decision-making power under the relevant legislation required consideration of a range of factors, including public interest and safety. The Court found that the Minister had failed to adequately consider the applicant's detailed proposal and the potential benefits it offered, including economic and recreational advantages, and had instead placed undue weight on unsubstantiated concerns regarding competition and potential disruption. This failure to properly weigh relevant considerations constituted jurisdictional error.

Consequently, the Full Court quashed the respondent's decision to refuse the licence and remitted the matter to the respondent for reconsideration according to law.