R v Resource Planning and Development Commission; ex parte Dorney (No 2)

The respondents, Dorney, sought judicial review of a decision by the Resource Planning and Development Commission to refuse them procedural fairness when they were not notified of a hearing about a draft amendment to a planning scheme. The applicants, Dorney, claimed that they were not given a fair opportunity to make representations due to the late notification of the hearing. The case was heard in the High Court of Australia.

The legal issues in the case were whether the Commission was bound by the rules of natural justice and whether the legislation under which the Commission operated excluded the application of these rules. The applicants argued that the Commission was required to follow the rules of natural justice, while the respondents contended that the legislation explicitly excluded the application of these rules.

The court held that the Commission was not bound by the rules of natural justice in this case. The court found that the legislation under which the Commission operated expressly excluded the application of the rules of natural justice. The court also noted that the applicants had not been deprived of a legitimate expectation of being heard, as they had an opportunity to make representations to the Commission before the hearing. The court dismissed the applicants' appeal.

The High Court affirmed the decision of the lower court, holding that the Commission was not required to follow the rules of natural justice in this case. The court also held that the applicants had not been deprived of a legitimate expectation of being heard. The appeal was dismissed with costs.