PMT Partners Pty Ltd v Australian National Parks and Wildlife Service

PMT Partners Pty Ltd (the applicant) sought judicial review of a decision by the Australian National Parks and Wildlife Service (the respondent) to refuse its application for a permit to conduct commercial tours within the Kakadu National Park. The applicant contended that the respondent's decision was vitiated by a failure to observe the rules of procedural fairness.

The central legal issue before the High Court of Australia was whether the respondent had afforded the applicant procedural fairness in its consideration of the permit application. Specifically, the Court was required to determine whether the applicant had been given adequate notice of the case it had to meet and a sufficient opportunity to respond to the concerns that ultimately led to the refusal of its application.

The High Court held that the respondent had breached its duty to afford procedural fairness. The Court reasoned that the respondent, in considering the application, had relied on information and concerns that were not disclosed to the applicant. This failure to disclose meant the applicant was not afforded a proper opportunity to address the material that weighed against its application. The principles of procedural fairness, as established in Australian administrative law, require that a person affected by a decision be informed of the case against them and be given a reasonable opportunity to present their own case.

The High Court ordered that the decision of the respondent be quashed and remitted to the respondent for reconsideration according to law.