Lonergan v Stilgoe

Lonergan v Stilgoe involves a dispute regarding the granting of a mining lease. The applicants, the Lonergans, sought judicial review of a decision by the Land Court to recommend the granting of a mining lease to the third respondent. They argued that the Land Court did not have the requisite evidence to be satisfied of the third respondent's compliance with statutory requirements to inform affected persons of the mining lease application, and that the Land Court failed to consider the impact of the proposed mining lease on the local koala habitat. The applicants also argued that the Land Court breached procedural fairness by not advising the parties in advance that it would not consider certain evidence.

The court considered whether the Land Court had the requisite evidence to be satisfied of the third respondent's compliance with statutory requirements, whether compliance with those statutory requirements was a jurisdictional fact, and whether the Land Court breached procedural fairness by not advising the parties that certain evidence would not be considered. The court found that the Land Court was not obliged to raise the issue before making its decision in order to accord procedural fairness and, even if it had been, the applicants had not established that providing them with the opportunity would have made any material difference. The court also found that there was a basis for the Land Court to be satisfied of compliance with the statutory requirements and that compliance with those requirements was not a jurisdictional fact.

The court dismissed the applicants' application for judicial review and directed the parties to make any submissions as to costs within 14 days. Absent any consent order as to costs, if no submissions as to costs are made within that time, there will be no order as to costs.