Lionize Group Pty Ltd v Minister for Transport and Infrastructure

Lionize Group Pty Ltd (the plaintiff) sought judicial review of a decision made by the Minister for Transport and Infrastructure (the Minister). The dispute concerned the Minister's consent in relation to certain statutory provisions. The matter was heard by Kourakis CJ, Peek and Nicholson JJ.

The court was required to determine whether the Minister's decision was amenable to judicial review, particularly in light of the plaintiff's proposed amendments to its grounds of review. The central question revolved around the utility of the judicial review application, given the circumstances surrounding the Minister's consent and the proper construction of section 5(5) of the relevant Act.

The court concluded that the Minister's consent had been rendered otiose, meaning it had no further legal effect. Consequently, regardless of how section 5(5) of the Act was interpreted, the judicial review application lacked practical utility. While the court granted the plaintiff leave to file a third statement of grounds, it ultimately dismissed the application for judicial review and the associated declarations. The parties were directed to file written submissions on costs within seven days.