Mekong Club v South Bank Corp

The applicant, The Mekong Club (QLD) Limited, sought to review the decision of the South Bank Corporation to refuse their application for consent to use the property known as the "Ship Inn" on the South Bank of Brisbane as a licensed club. The primary legal issues were whether the respondent breached the rules of natural justice by failing to provide the applicant with an independent report, and whether the respondent's decision was in accordance with the South Bank Corporation Act and the Approved Development Plan. The applicant argued that the refusal was based on irrelevant considerations and that the respondent had no discretion to refuse the application.

The court found that the respondent did not breach natural justice by failing to provide the applicant with a copy of the independent report it obtained, as the applicant had the opportunity to address the report's content after obtaining it through the Freedom of Information Act. However, the court held that it was unfair for the respondent to decide the matter without giving the applicant a chance to respond to the report's contents. The court also found that the respondent had discretion to refuse the application, as the Approved Development Plan did not mandate approval of the proposed use change.

The court set aside the respondent's refusal of the application due to a lack of procedural fairness and ordered that the respondent provide the applicant with the relevant reports and information before making a final decision on the application. The court also directed that the respondent ensure the applicant is notified of any further relevant information before considering it in its decision-making process.