Re Carey; ex parte Exclude Holdings Pty Ltd

In the case of Re Carey; ex parte Exclude Holdings Pty Ltd, the applicant, Exclude Holdings Pty Ltd, sought a writ of certiorari to challenge a decision of a member of the State Administrative Tribunal of Western Australia in relation to a strata development application. The dispute centred on the application of the Town Planning Scheme by the Tribunal member and whether the errors identified by the applicant amounted to jurisdictional error or merely errors of law. The court was required to determine if the Tribunal member's decision could be reviewed on the grounds that it was based on an error of law and whether the failure of the applicant to exercise the right of appeal conferred by the State Administrative Tribunal Act 2004 (WA) precluded them from seeking judicial review.

The primary legal issues that the court had to address were whether the errors made by the Tribunal member were of such a nature that they amounted to jurisdictional error, and whether the failure of the applicant to appeal the Tribunal's decision precluded them from seeking judicial review. The court also had to consider the proper characterisation of the Tribunal as an administrative body and the scope of review available for decisions made by its members.

The court held that the errors made by the Tribunal member did not constitute jurisdictional error but were rather errors of law. The court emphasised that the Tribunal member's characterisation as an administrative body meant that the scope of judicial review was limited to jurisdictional error, which was not present in this case. Additionally, the court found that the applicant's failure to appeal the Tribunal's decision precluded them from seeking judicial review. Consequently, the court dismissed the applicant's application for a writ of certiorari, finding that the errors made by the Tribunal member were not of a jurisdictional nature and that the applicant's failure to appeal the decision barred their claim for judicial review.

The court's decision underscores the importance of correctly characterising administrative bodies and understanding the scope of judicial review available for their decisions. Furthermore, it highlights the consequences of failing to exercise the right of appeal conferred by statute, as it may preclude a party from seeking judicial review of a decision. In this case, the court dismissed the application for a writ of certiorari, affirming the decisions made by the Tribunal member and the limitations on judicial review in administrative law.