FEDERAL COURT OF AUSTRALIA
Transurban City Link Ltd v Allan [1999] FCA 1723
ADMINISTRATIVE LAW – standing – whether appellant had special interest in the proceedings – whether outcome must affect appellant in order that he have standing – time when standing is considered – whether standing to be considered only as at time of application – whether application frivolous
PRECEDENT – in what circumstances Full Court may decline to follow decision of earlier Full Court.
Melbourne City Link Act 1995 (Vic)
Development Allowance Authority Act 1992 (Cth) ss 93O, 119
Administrative Appeals Tribunal Act 1975 (Cth)Australian Conservation Foundation Incorporated v Commonwealth of Australia (1980) 146 CLR 493 followed
Re Williams and the Australian Electoral Commission (1995) 38 ALD 366 cited
Alphapharm Pty Ltd v Smith Kline Beecham (Australia) Pty Ltd (1994) 49 FCR 250 cited
McCallum v Federal Commissioner of Taxation (1997) 97 ATC 4509 cited
Nguyen v Nguyen (1990) 169 CLR 245 followed
Chamberlain v The Queen (1983) 72 FLR 1 approved
Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485 cited
Magman International v Westpac (1991) 32 FCR 1 approved
La Macchia v Minister for Primary Industries and Energy (1992) 110 ALR 201 cited
Boyce v Paddington Borough Council [1903] 1 Ch 109 followed
Onus v Alcoa of Australia Ltd (1981) 149 CLR 27 cited
Shop Distributive and Allied Employees Association v Minister for Industrial Affairs (SA) (1995) 183 CLR 552 cited
Bateman’s Bay Local Aboriginal Land Council v Aboriginal Community Benefit Fund Pty Ltd (1998) 194 CLR 247 followed
North Coast Environment Council Inc v Minister for Natural Resources (1994) 55 FCR 492 cited
Re McHattan and Collector of Customs (1977) 18 ALR 154 cited
Queensland Newsagents Federation Ltd v Trade Practices Commission (1993) 118 ALR 527 referred to
Broken Hill Pty Ltd v Trade Practices Tribunal (1980) 31 ALR 401 referred to
United States Parole Commission v Geraghty 445 US 388 (1980) consideredTRANSURBAN CITY LINK LIMITED v PETER ALLAN
V 212 OF 1999BLACK CJ, HILL, SUNDBERG, MARSHALL AND KENNY JJ
10 DECEMBER 1999
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 212 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
TRANSURBAN CITY LINK LIMITED
AppellantAND:
PETER ALLAN
Respondent
JUDGES:
BLACK CJ, HILL, SUNDBERG, MARSHALL and KENNY JJ
DATE OF ORDER:
10 DECEMBER 1999
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The appeal be allowed.
2.The decision appealed from be set aside and in lieu thereof it be ordered that the Respondent’s appeal from the decision of the Administrative Appeals Tribunal commenced by notice dated 9 September 1998 be dismissed with costs.
3.The Respondent pay the Appellant’s costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 212 OF 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
TRANSURBAN CITY LINK LIMITED
AppellantAND:
PETER…
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- Case
- [1999] FCA 1723
- Decision Date
CaseChat Overview and Summary
The appeal raised several legal issues, including the criteria for determining whether an applicant has standing to seek administrative review, the timing at which standing must be assessed, and the circumstances under which the Full Court may decline to follow its earlier decisions. The Court considered whether Allan had a sufficient interest in the proceedings, whether the outcome of the proceedings must affect him, and when standing should be evaluated. Additionally, the Court examined whether the proceedings were vexatious and if the Full Court should adhere to its previous rulings.
The Full Court found that Allan had standing to apply for review because he had a sufficient interest in the proceedings, even if the outcome did not directly affect him. The Court held that standing could be assessed at the time the application was made, not just when the administrative decision was issued. The Court also determined that Allan's change of residence, motivated by concerns over the project's impact, did not render the proceedings frivolous. Furthermore, the Court concluded that the Full Court was not bound to follow its earlier decisions and could depart from them if it deemed it appropriate.
The Court allowed the appeal, set aside the primary judge's decision, and dismissed Allan's application with costs. The Court ordered Allan to pay Transurban's costs of the appeal.
Orders
Orders of the court
1. The appeal be allowed.
2. The decision appealed from be set aside and in lieu thereof it be ordered that the Respondent’s appeal from the decision of the Administrative Appeals Tribunal commenced by notice dated 9 September 1998 be dismissed with costs.
3. The Respondent pay the Appellant’s costs of the appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: BLACK CJ, HILL, SUNDBERG, MARSHALL AND KENNY JJ
Full text does not contain this section.