Sangare v Department of Infrastructure

Sangare (the applicant) brought proceedings against the Department of Infrastructure (the respondent) in the Supreme Court of Tasmania. The dispute concerned the respondent's decision to refuse the applicant's application for a licence to operate a taxi service in Tasmania. The applicant sought judicial review of this decision.

The primary legal issue before the Court was whether the respondent's decision to refuse the licence was affected by jurisdictional error. Specifically, the Court was required to determine if the respondent had failed to take into account relevant considerations or had taken into account irrelevant considerations when assessing the applicant's suitability for a taxi licence, thereby vitiating the decision-making process.

In his reasoning, Judge Young applied the principles of administrative law concerning jurisdictional error. His Honour found that the respondent had failed to properly consider the applicant's evidence regarding his financial capacity and business plan, which were relevant factors under the governing legislation. The respondent's reliance on outdated information and a failure to engage with the applicant's submissions constituted a failure to undertake a proper assessment, leading to jurisdictional error.

Consequently, the Court quashed the respondent's decision to refuse the licence and remitted the matter back to the respondent for reconsideration according to law.