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Peko-Wallsend Ltd v Minister for Aboriginal Affairs

Peko-Wallsend Ltd v Minister for Aboriginal Affairs

Case [1985] FCA 31

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AGLC: Peko-Wallsend Ltd & Ors v. Minister for Aboriginal Affairs & Anor [1985] FCA 31 (5 FCR 532)
Case: [1985] FCA 31
Decision Date: 15 FEBRUARY 1985

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Orders

Orders of the court

The appeal be allowed

The cross-appeal be allowed.

The orders made by Beaumont J. be set aside.

The decision of the first respondent of 15 March 1983 be set aside, and the matter be remitted to the Honourable Clyde Holding for reconsideration according to law.

The first respondent pay to the appellants their costs of the appeal and of the proceedings before Beaumont J.

No order as to the costs of the cross-appeal.

No order as to the costs of the second respondent of the appeal or of the proceedings before Beaumont J.

Appeal allowed

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Citations

Peko-Wallsend Ltd & Ors v. Minister for Aboriginal Affairs & Anor [1985] FCA 31 (5 FCR 532)

Most Recent Citation

Thomas v Victorian Building Authority [2020] VSC 150

Cases Citing This Decision

GXXS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 468
Citation 1 (Para 30)

…s required to take into account in the possible formation of that state of mind. However, by the application of the principles in Aboriginal Affairs, Minister for v Peko-Wallsend Ltd (1986) 162 CLR 24, 30 and Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252, 270 at [54]; it has been concluded that the subject-matter, s…
Xae v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 19
Citation 2 (Para 5)

…nister for Home Affairs (2020) 279 FCR 175 at [116]. :Cf. Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532 at 564. : Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 at [25]; SZLGP v Minister for Immigration and Citizenship (2009) 181 FCR 113 at [49]; see also Prasad v Minist…
Hastwell v Health Care Complaints Commissioner [2020] NSWSC 728
Citation 3 (Para 88)

…res. Nor did it fail to identify the correct issue. Ground iii fails. The Ground does not give rise to error of law, nor to jurisdictional error. 27. Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1986) 162 CLR 24; [1986] HCA 40.…
CSL Australia Pty Ltd v Minister for Infrastructure and Transport (No 3) [2012] FCA 1261
Citation 4 (Para 9)

…d that there was on the part of CSL a lack of frankness, in the sense used by the Full Court in Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532 at 543, 561 and 565. However, I am not persuaded that there was an awareness on the part of CSL of a mistake on the part of Rio Tinto or the delegate a…
Allianz Australia Insurance Limited v Crazzi [2006] NSWSC 1090
Citation 5

…(1949) 78 CLR 389 Zuanic v Gyro-Tech (Australia) Pty Ltd (In Liquidation) [2006] NSWSC 738 Peko-Wallsend Limited v Minister for Aboriginal Affairs (1985) 5 FCR 532 Tepko Pty Limited v Water Board (2001) 206 CLR 1 PARTIES: Allianz Australia Insurance Limited (Plaintiff) Franco Crazzi (First Defendant) Motor Acciden…
SZEXF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 1244
Citation 6 (Para 10)

…ave an unlawful decision set aside’, the appellants citing inter alia thereby Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532 at 561 per Sheppard J. The appellants yet further contended that ‘the weight that can be placed upon the explanation is diminishable and affects the required confidence…
SZELA v Minister for Immigration & Anor [2005] FMCA 1068
Citation 7 (Para 4)

…nd I consider that “a broad and realistic approach is required” (c.f. Sheppard J in Peko‑Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532 at 561, not criticised on appeal in Minister for Aboriginal Affairs v Peko‑Wallsend Ltd (1986) 162 CLR 24 at 31, 47, 67, 71). In refugee matters, I consider that i…
Oreb v Willcock [2004] FCA 1520
Citation 8 (Para 31)

…h the submissions which were put to me as to the breadth of my discretion under the ADJR Act; see Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532 at 561 (Sheppard J). His Honour’s approach was not criticised on appeal; see Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985) 162 CLR 24 at…
SZDUB v Minister for Immigration [2004] FMCA 571
Citation 9 (Para 8)

…ot, ordinarily speaking, lose the right to have an unlawful decision set aside. ” ( Peko Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532 at 561, not criticised on appeal in Minister for Aboriginal Affairs v Peko Wallsend Ltd (1985) 162 CLR 24 at 31, 47, 67, 71)…
Fernando v Medical Complaints Tribunal (No 3) [2004] TASSC 29
Citation 10 (Para 1)

…ntentions, Mr Gray referred to passages in the decision of the Full Court of the Federal Court in Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 5 FCR 532. That case concerned a review of a Minister's decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth). It was contended that the…
Singh v Minister for Immigration & Multicultural Affairs [1999] FCA 1126
Citation 11

…d v Minister for Immigration and Multicultural Affairs [1999] FCA 811, not followed Collins v Minister for Immigration (1981) 58 FLR 407, referred to Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 59 ALR 51, considered Styles v Department of Foreign Affairs (1988) 84 ALR 408, considered Applicant A v Minister for Immigration and Multicultural A…
Shells Self Service Pty Ltd v Deputy Commissioner of Taxation [1989] FCA 71
Citation 12

…prima facie case for relief made out. Nor can I discern in this case any factors like those which Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1985) 59 ALR 51 provided a basis for the exercise by this Court of its discretion to refuse relief, notwithstanding that a ground afforded by the ADJR Act for review…
Geok Ngoh Sim v Minister of State for Immigration, Local Government & Ethnic Affairs [1989] FCA 10
Citation 13

…could be considered, the deportation order would have to have been revoked. Reference was made to Palko v Minister for Immigration (1987) 77 ALR 125, Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1984) 59 ALR 51 and The Council for the City of Parramatta v Pestell (1972) 128 CLR 305.…
Freeman, J.E. v Secretary, Department of Social Security [1988] FCA 458
Citation 14

…lecommunications Commission & Others (1986) 9 FCR 52 (on appeal (1986) 12 FCR 395) and Peko-Wallsend Ltd v. Minister for Aboriginal Affairs & Another (1985) 5 FCR 532 at 540-1 and (1986) 162 CLR 24 at pp 44-5. I need not discuss those cases for the principle found therein was more relevantly stated by Wilcox J. in…
Conyngham, P. v Minister for Immigration & Ethnic Affairs [1986] FCA 283
Citation 15

…Kioa v West (1985) 60 ALJR 113, Peko Wallsend Limited v Minister for Aboriginal Affairs (1985) 59 ALR 51, Daganayasi v Minister of Immigration (1980) 2 NZLR 130, Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155, Wheeler v Leicester City Council (1985) 1 AC 1054, Re W (an Infant) (1971) AC 682,…
Sinnathamby, P. v Minister for Immigration & Ethnic Affairs [1986] FCA 222
Citation 16

…Peko-Wallsend Ltd. v. Minister for Aboriginal Affairs (1985) 59 ALR 51 ref'd to…
Idonz Pty Ltd v National Capital Development Commission [1986] FCA 213
Citation 17

…Peko-Wallsend Ltd. v. Minister for Aboriginal Affairs (1985) 59 A.L.R. 51 ref'd to…
Erten, M. v Hurford, C.J [1986] FCA 150
Citation 18

…ffairs (1982) 45 ALR 705, Kioa v Minister for Immigration and Ethnic Affairs (1984) 4 FCR 40, Peko-Wallsend Limited v Minister for Aboriginal Affairs (1985) 59 ALR 51, Daganayasi v Minister of Immigration (1980) 2 NZLR 130, Singh v Minister for Immigration and Ethnic Affairs (Wilcox J, 4 December 1985, not reported…
Nestle Australia Ltd v Commissioner of Taxation [1986] FCA 23
Citation 19

…v Deputy Commissioner of Taxation (1985) 59 ALR 401, Murchison v Keating (1984) 54 ALR 380, Peko- Wallsend Limited v Minister for Aboriginal Affairs (1985) 59 ALR 51 referred to.…
Colpitts v Australian Telecommunications Commission [1986] FCA 1
Citation 20

…tion dismissed without regard to his recovery. (Cf. the remarks of Bowen C.J. in Peko-Wallsend Ltd. & Ors. v. Minister for Aboriginal Affairs & Anor. (1985) 59 ALR 51 at 59.)…
Singh, A v The Minister for Immigration & Ethnic Affairs [1985] FCA 601
Citation 21

…opolitan Borough Council (1977) AC 1014 especially at pp 1064-1065 - or constructively - see Peko-Wallsend Limited v. Minister for Aboriginal Affairs (1985) 59 ALR 51 and Tameside at p 1076. There may be occasions when the adequate consideration of a relevant matter necessarily involves the making of some inquiry a…
Prasad v Minister for Immigration and Ethnic Affairs [1985] FCA 46
Citation 22

…Peko-Wallsend Ltd v. Minister for Aboriginal Affairs (1985) 59 ALR 51, referred to.…
Thomas v Victorian Building Authority [2020] VSC 150
Citation 23 (Para 1)

…nder s 173B was unfettered and therefore only to be limited insofar as this was found in the subject matter, scope, and purposes of the Act.[23] [23] Peko-Wallsend Ltd v Minister for Aboriginal Affairs (1984) 162 CLR 24, 39-40 (Mason J).…

Cases Cited

Statutory Material Cited

R v Hunt; Ex Parte Sean Investments Pty Ltd [1979] HCA 32
Citation 1

…Kellar (1981) 38 ALR 363; (1982) 42 ALR 676; Elliott v. Southwark London Borough Council (1976) 1 WLR 499; Re Hunt; Ex parte Sean Investments Pty Ltd (1979) 53 ALJR 552; R. v. War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228; Borkovic v. Minister for Immigration and Ethnic Affairs (1981) 39 A…
Twist v Randwick Municipal Council [1976] HCA 58
Citation 2

…s (1981) 39 ALR 186; Wiseman v Bornman (1971) AC 297 It is sufficient if the applicants were given an "opportunity to be heard": Twist v. Randwick MC (1976) 136 CLR 106; Delta Properties Pty Ltd v. Brisbane City Council (1955) 95 CLR 11 The applicants, having deliberately chosen to keep material from the Commissioner…
Delta Properties Pty Ltd v Brisbane City Council [1955] HCA 51
Citation 3

…if the applicants were given an "opportunity to be heard": Twist v. Randwick MC (1976) 136 CLR 106; Delta Properties Pty Ltd v. Brisbane City Council (1955) 95 CLR 11 The applicants, having deliberately chosen to keep material from the Commissioner, cannot now complain that the Minister was not properly informed as…
R v War Pensions Entitlement Appeal Tribunal; Ex parte Bott [1933] HCA 33
Citation 4

…ouncil (1976) 1 WLR 499; Re Hunt; Ex parte Sean Investments Pty Ltd (1979) 53 ALJR 552; R. v. War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228; Borkovic v. Minister for Immigration and Ethnic Affairs (1981) 39 ALR 186; Wiseman v Bornman (1971) AC 297 It is sufficient if the applicants were g…
Barbaro v Minister for Immigration and Ethnic Affairs [1982] FCA 146
Citation 5

…of circumstances does not mean a decision-maker can ignore relevant considerations before him: Barbaro v. Minister for Immigration and Ethnic Affairs (1982) 46 ALR 123; Tagle's case (supra)…
Borkovic v Minister for Immigration & Ethnic Affairs [1981] FCA 252
Citation 6

…s merits contrary to the dictates of the Administrative Decisions (Judicial Review) Act 1977: Borkovic v. Minister for Immigration and Ethnic Affairs (1981) 39 ALR 186…
Sean Investments Pty Ltd v MacKellar [1981] FCA 174
Citation 7

…The issues of detriment bear a central role in and are of fundamental importance to the grant of a land claim by the Minister under s 11 of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). The critical question therefore should be whether the subject matter of detriment is of such rel…

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