Re the City Of Bunbury and Ors

The City of Bunbury and others challenged the decision of the Bunbury Planning Authority to approve a development application by a private company. The applicants sought judicial review on the basis that the approval was made without proper consideration of relevant planning policies and environmental impact. The case was heard in the Supreme Court of Western Australia.

The court was required to determine whether the approval decision was made with a jurisdictional error and whether the applicants had demonstrated sufficient urgency to warrant relief despite the delay in seeking judicial review. The applicants contended that the delay was justified due to the late discovery of critical information relevant to their case. The respondents argued that the delay had prejudiced them and that the applicants had not shown sufficient grounds to excuse the delay.

The court considered the principles of administrative law relevant to jurisdictional error and the equitable doctrine of laches, which addresses delays in seeking judicial review. It found that the approval decision contained a jurisdictional error as it did not adequately consider the environmental impact of the proposed development. However, the court also held that the applicants had not demonstrated sufficient urgency to warrant relief despite the delay. The applicants' late discovery of information did not constitute a sufficient ground to excuse the delay, and the respondents had been prejudiced by the applicants' delay in seeking judicial review.

As a result, the court dismissed the application for judicial review. The approval decision of the Bunbury Planning Authority was quashed, but the applicants were not granted any further relief due to the delay in seeking judicial review. The court emphasised the importance of timely action in seeking judicial review and the need for applicants to demonstrate sufficient urgency and lack of prejudice to the respondents.