Save Surfers Paradise Inc v Gold Coast City Council

Save Surfers Paradise Inc brought an application challenging the Gold Coast City Council's decisions to sell the Surfers Paradise Transit Centre and Bruce Bishop Car Park. The Council responded by filing an application to set aside the originating application on the basis that Save Surfers Paradise Inc lacked standing to bring the proceedings. The primary issue for the court was whether Save Surfers Paradise Inc, as a community organisation incorporated under the Associations Incorporation Act 1981, had sufficient standing to challenge the decisions of the respondent. The court considered whether the applicant had a sufficient interest in the subject matter, either by demonstrating that its private rights were affected or by establishing a special interest in the subject matter. The applicant, while not owning any property affected by the decision, has actively campaigned against the sale of the car park and represents hundreds of local businesses in Surfers Paradise. The court found that the applicant’s objects, which include opposing the sale of the car park and promoting and supporting trade and commerce in the Surfers Paradise area, provided it with the necessary standing to bring the application. The court determined that the applicant had a sufficient interest in the subject matter to satisfy the standing requirement.

The court concluded that Save Surfers Paradise Inc had standing to bring the application against the Council's decisions to sell the Surfers Paradise Transit Centre and Bruce Bishop Car Park. Consequently, the application by the Council to set aside the originating application was dismissed.