Saunders & Ward Pty Ltd v Resource Management and Planning Appeal Tribunal

Saunders & Ward Pty Ltd appealed to the Full Court of the Supreme Court of Tasmania against a decision of the Resource Management and Planning Appeal Tribunal. The appeal concerned whether the Tribunal had made an error of law in its reasoning, which the appellant asserted was irrational and illogical. The appeal also touched upon the Tribunal's exercise of discretion regarding costs, specifically in relation to a letter that the appellant argued should have been treated as a Calderbank offer.

The central legal issues before the Full Court were whether the Tribunal's reasoning constituted an error of law, and whether the Tribunal erred in its consideration of the costs application, particularly in relation to the letter that was not expressly or impliedly made in reliance upon the principles governing Calderbank offers. The Court was required to consider the application of authorities, including those post-dating *St Helen's Area Land Care and Coast Group Inc v Break O'Day Council*, in determining what amounts to an error of law in the context of tribunal reasoning.

The Full Court held that the Tribunal's reasoning, when considered in light of the relevant authorities, did not amount to an error of law. The Court found no misconception as to the facts relevant to the application of legal principles that would constitute an error of law. Furthermore, the Tribunal did not err in its assessment of the legal status of the letter, nor did it misapprehend the facts relevant to the application of the principles governing Calderbank offers. Consequently, the appeal was dismissed.