Marshall v The Town Planning Appeal Tribunal of Western Australia [No 3]

Marshall v The Town Planning Appeal Tribunal of Western Australia [No 3] involved the appellants seeking to review the decisions of the Town Planning Appeal Tribunal of Western Australia. The central dispute was whether the tribunal's decisions in previous cases were tainted by a miscarriage of justice, including alleged misrepresentations of facts and the law to the tribunal and the court. The applicants argued that the tribunal's decisions, which were based on what they claimed were false submissions, had prejudiced their rights and should be reviewed.

The court had to determine whether there were grounds for the appellants' applications to review the tribunal's decisions. This involved examining whether the tribunal had made a material error of law or fact, and whether the public interest in the finality of litigation outweighed the need for justice in this particular case. The appellants argued that the tribunal had acted beyond its jurisdiction and that the second respondent had misrepresented facts and the law to the tribunal and the court.

The court found that the applications to review were without merit. It held that the tribunal's decisions were based on evidence and submissions that were properly before it, and that the second respondent's actions did not amount to a contempt of court. The court further held that the appellants had not demonstrated any material error of law or fact that would warrant a review of the tribunal's decisions. The applications to review were dismissed.