Meaney v The Owners Corporation Units Plan 40

The decision in Meaney v The Owners Corporation Units Plan 40 involved a dispute between Meaney and the Owners Corporation Units Plan 40, relating to an application for costs. The case was heard by the Administrative Appeals Tribunal (AAT). The primary issue before the court was the meaning of "unreasonable" in the context of the Urban and Regional Planning Act (UTM Act) and whether the tribunal must give effect to a motion if the opposition to it is found to be unreasonable. The court also had to determine the discretionary nature of the tribunal's power to make an order in such circumstances.

The court found that the term "unreasonable" is not defined in the UTM Act and referred to its ordinary English meaning as outlined in the Macquarie Dictionary. The court examined the extensive body of case law concerning when administrative decisions are considered unreasonable, such as when they are capricious, irrational, illogical, inconsistent, lacking in evidentiary basis, or based on fundamental error of fact. The court also noted that a defect in the process leading to the administrative decision could render it unreasonable, such as a lack of natural justice. However, the court clarified that even if the opposition to the motion is found to be unreasonable, the tribunal is not obligated to give effect to the motion. Instead, the tribunal must make the correct or preferable decision, which may not necessarily be approval of the unsuccessful motion.

The court further held that the tribunal's power to make an order is discretionary, as evidenced by the use of the word "may" in the relevant section of the UTM Act. This means that the tribunal may decline to approve the unsuccessful motion despite finding that the opposition to the motion was unreasonable.

The tribunal dismissed the application for costs, indicating that the tribunal found the opposition to the motion was not unreasonable, or that the tribunal decided not to give effect to the motion despite finding the opposition unreasonable.