Santos, In the matter of an application for leave to issue a proceeding

This matter concerned an application by Santos for leave to issue a proceeding against the Commonwealth of Australia. The dispute arose from the Commonwealth's decision to refuse to grant Santos a permit to conduct exploratory drilling for oil and gas in the Great Australian Bight. Santos sought to challenge this decision, arguing it was invalid. The application was heard by Kiefel J of the High Court of Australia.

The central legal issue before the Court was whether Santos had established a sufficient legal interest, or "standing," to bring the proceeding. Specifically, the Court had to determine if Santos possessed a "sufficient interest" in the subject matter of the litigation, beyond that of an ordinary member of the public, to justify granting leave to commence the proceeding. This involved considering whether the refusal of the permit directly affected a legal right or interest of Santos.

Kiefel J reasoned that the right to explore for oil and gas, which Santos claimed was infringed by the Commonwealth's decision, was not a pre-existing legal right. Instead, it was a right that would only arise upon the grant of a permit, which had been refused. Therefore, Santos did not have a direct legal interest in the subject matter of the litigation that was distinct from the general public's interest in environmental protection and resource management. The Court applied the principle that standing is generally confined to those whose rights are directly affected by the decision under challenge.

Consequently, Kiefel J dismissed the application for leave to issue a proceeding, finding that Santos had not demonstrated the requisite standing to bring the challenge.