ROSS & ANOR -v- WESTERN AUSTRALIAN PLANNING COMMISSION [2000] WASCA 164
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASCA 164 | |
| Case No: | SJA:1201/1999 | 14 FEBRUARY & 25 MAY 2000 | |
| Coram: | SCOTT J | 15/06/00 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| PDF Version |
| Parties: | CLIVE MICHAEL ROSS JENNIFER ANNE ROSS WESTERN AUSTRALIAN PLANNING COMMISSION |
Catchwords: | Building control and town planning Control and regulation of erection, construction and demolition of buildings Town planning and subdivision of land Appeal of Town Planning Appeal Tribunal Standing Appellants not the registered proprietors Memorials registered on title Notification of intending purchasers by memorial entirely appropriate No error demonstrated |
Legislation: | Strata Titles Act Town Planning and Development Act 1928 (WA), s 12A, s 27A |
Case References: | Allan v Development Allowance Authority (1999) 163 ALR 31 Bradshaw v Medical Board of Western Australia (1990) 3 WAR 322 Collector of Customs v Pressure Tankers Pty Ltd (1993) 115 ALR 1 Falc Pty Ltd v State Planning Commission (1991) 5 WAR 522 Lloyd v Robinson (1962) 107 CLR 142 O'Sullivan v Farrer (1989) 168 CLR 210 Proctor v Brisbane City Council (1993) 81 LGERA 398 Marford Nominees Pty Ltd v State Planning Commission, unreported; SCt of WA; Library No 960047; 1 February 1996 Moursellas v Pharmaceutical Council of Western Australia (1992) 10 WAR 240 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- JENNIFER ANNE ROSS
Appellants
AND
WESTERN AUSTRALIAN PLANNING COMMISSION
Respondent
Catchwords:
Building control and town planning - Control and regulation of erection, construction and demolition of buildings - Town planning and subdivision of land - Appeal of Town Planning Appeal Tribunal - Standing - Appellants not the registered proprietors - Memorials registered on title - Notification of intending purchasers by memorial entirely appropriate - No error demonstrated
Legislation:
Strata Titles Act
Town Planning and Development Act 1928 (WA), s 12A, s 27A
(Page 2)
Result:
Appeal dismissed
Representation:
Counsel:
Appellants : In person
Respondent : Mr M G Lundberg & Mr M A G Jenkin
Solicitors:
Appellants : In person
Respondent : State Crown Solicitor
Case(s) referred to in judgment(s):
Allan v Development Allowance Authority (1999) 163 ALR 31
Case(s) also cited:
Bradshaw v Medical Board of Western Australia (1990) 3 WAR 322
Collector of Customs v Pressure Tankers Pty Ltd (1993) 115 ALR 1
Falc Pty Ltd v State Planning Commission (1991) 5 WAR 522
Lloyd v Robinson (1962) 107 CLR 142
O'Sullivan v Farrer (1989) 168 CLR 210
Proctor v Brisbane City Council (1993) 81 LGERA 398
Marford Nominees Pty Ltd v State Planning Commission, unreported; SCt of WA; Library No 960047; 1 February 1996
Moursellas v Pharmaceutical Council of Western Australia (1992) 10 WAR 240
(Page 3)
1 SCOTT J: This is…
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- Case
- [2000] WASCA 164
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the appellants had standing to appeal the decision of the Tribunal, given that they were not the registered proprietors of the land. The appellants argued that because their names were mentioned in memorials registered on the title, they had sufficient interest in the land to challenge the decision. The respondents contended that the appellants did not meet the statutory criteria for standing and, therefore, the Tribunal's decision should stand.
The court found that the appellants' standing was not in question as the notification of intending purchasers by the memorials was entirely appropriate. The court held that the appellants had demonstrated a sufficient interest in the land by virtue of the memorials, which provided them with the necessary standing to challenge the decision. The court concluded that the Tribunal did not err in deciding that the appellants had standing to appeal. Consequently, the appeal was dismissed, and the decision of the Tribunal was upheld.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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