Purton v Jackson

The parties to this matter were Purton and Jackson, with the dispute concerning the powers of the Resource Management and Planning Appeal Tribunal (the Tribunal) in Tasmania to reconsider its own decision. The case came before the Supreme Court of Tasmania.

The central legal issue before the Supreme Court was whether the Tribunal possessed the power to reconsider and set aside its own prior decision, particularly where that original decision involved a jurisdictional error.

The Supreme Court held that the Tribunal did not have an inherent power to reconsider its own decisions, nor was such a power conferred by the relevant legislation. The Court reasoned that once the Tribunal had made a final determination, its jurisdiction in relation to that matter was exhausted. While acknowledging that jurisdictional error could render a decision voidable, the Court found that the appropriate avenue for challenging such a decision was through judicial review in the Supreme Court, not by the Tribunal reconsidering its own ruling. The Court distinguished the Tribunal's appellate function from the supervisory jurisdiction of the Supreme Court.

The appeal was dismissed.