Re State Administrative Tribunal; Ex Parte McCourt

The case of Re State Administrative Tribunal; Ex Parte McCourt was brought before the Supreme Court of Western Australia. The applicant, McCourt, sought to be joined as an intervener in proceedings before the State Administrative Tribunal. McCourt argued that the Tribunal's decision was affected by jurisdictional error and an error of law apparent on the face of the record. The Tribunal had previously denied McCourt's application to intervene in the proceedings, which McCourt now sought to challenge in the Supreme Court.

The central legal issues before the court were whether the Tribunal had correctly applied the "Harding test" in denying McCourt's application to intervene, and whether the Tribunal had jurisdiction to review the issue of McCourt's standing to intervene. The court was also required to determine whether the Tribunal's decision involved a jurisdictional error or an error of law on the face of the record that would warrant the issuance of a prerogative writ.

The court found that the Tribunal had not erred in its application of the "Harding test" and that it possessed the jurisdiction to review McCourt's standing to intervene. The court held that the Tribunal's decision did not involve a jurisdictional error or an error of law on the face of the record that would justify the issuance of a prerogative writ. Consequently, the court discharged the order nisi and dismissed McCourt's application.