Mackay Airport Pty. Limited

Mackay Airport Pty. Limited (the applicant) sought judicial review of a decision made by the respondent, the Director-General of the Department of Transport and Main Roads, concerning the applicant's application for a licence to operate a new airport at Maroochydore. The dispute centred on the Director-General's refusal to grant the licence, which the applicant contended was based on an erroneous interpretation of the relevant legislation. The matter came before the Supreme Court of Queensland.

The primary legal issue before the Court was whether the Director-General had erred in law by failing to consider, or by giving insufficient weight to, the applicant's evidence regarding the economic viability and operational capacity of the proposed airport. Specifically, the Court was asked to determine if the Director-General's decision was affected by an error of law, including whether the decision-maker had failed to take into account relevant considerations or had taken into account irrelevant considerations, in assessing the application against the criteria stipulated in the *Transport Infrastructure Act 1994* (Qld).

Justice Spence found that the Director-General's reasons for refusal did not adequately demonstrate that the applicant's extensive evidence on economic viability and operational capacity had been properly considered. The Court held that while the Director-General was not obliged to agree with the applicant's projections, the reasons provided for rejecting that evidence were insufficient and did not disclose a proper understanding or assessment of the material put forward. This failure to adequately engage with and assess the applicant's evidence constituted an error of law, as it meant the decision-making process did not properly address the statutory requirements.

The Court made orders quashing the decision of the Director-General and remitting the application for a new decision according to law.