Regional Express Holdings Ltd v Dubbo City Council (No 2)

In Regional Express Holdings Ltd v Dubbo City Council (No 2), Regional Express Holdings Ltd (REX) sought judicial review of two decisions made by Dubbo City Council regarding the security screening services at Dubbo City Regional Airport. The first decision, made on 22 October 2012, was to conduct security screening services on a full cost recovery basis, charging all regular passenger transport operators, including REX and QantasLink, and spreading the cost across all their passengers. The second decision, made on 25 February 2013, involved the adoption of a fee for these services. REX argued that the Council failed to comply with due process and procedural fairness in reaching these decisions, and also claimed that the Council did not follow the statutory process required under the Local Government Act 1993 for the second decision. Dubbo City Council contested these claims, arguing that REX's challenge to the first decision was out of time under r 59.10(1) of the UCPR.

The central legal issues before the court were whether REX's challenge to the first decision was time-barred under r 59.10(1) of the UCPR and whether the Council complied with due process and procedural fairness in making the two decisions. The court also needed to determine whether the Council had followed the statutory process required under the Local Government Act 1993 for the second decision. The court considered the effect of the first decision, which was misstated in the summons, and examined the procedural fairness and statutory process requirements under the UCPR and the Local Government Act 1993.

The court found that r 59.10 of the Uniform Civil Procedure Rules 2005 did not apply to these proceedings for judicial review of the respondent's decision of 22 October 2012. However, if it did apply, the time for commencing these proceedings in relation to that decision was extended to the date of filing of the summons. The court held that the Council's failure to provide REX with the necessary information about the decisions and the statutory process did not comply with procedural fairness. Furthermore, the court found that the Council did not follow the statutory process required under the Local Government Act 1993 for the second decision. The court also granted leave to REX to file an amended summons and ordered the Council to provide a written statement of the reasons for its decisions by 6 September 2013.

In conclusion, the court determined that REX's challenge to the first decision was not time-barred and that the Council did not comply with procedural fairness and statutory process requirements in making the two decisions. The court granted an extension of time for commencing the judicial review proceedings, ordered the Council to provide written reasons for its decisions, and granted leave to REX to file an amended summons. The court also ordered Dubbo City Council to serve on REX a written statement of the reasons for its decisions of 22 October 2012 and 25 February 2013 by 6 September 2013.