You v Thomas

The case of You v Thomas involved the applicant, You, seeking judicial review of a decision made by Thomas, a Building Surveyor under the Building Act 1993. You contested the Building Surveyor's decision to refuse a building permit, claiming it was unlawful and unreasonable. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues revolved around whether the Building Surveyor's decision constituted a jurisdictional error or an error of law on the face of the record. Specifically, the court had to determine if the Building Surveyor correctly interpreted and applied the Building Act 1993 in reaching the decision to deny the permit. Furthermore, the court needed to ascertain if the decision was unreasonable in the Wednesbury sense and whether there was any procedural unfairness that might vitiate the decision.

In its judgment, the court found that the Building Surveyor's decision did indeed involve a jurisdictional error. The court held that the Building Surveyor had misapplied the Building Act 1993, specifically section 93, which pertains to the conditions under which a building permit may be granted or refused. The court concluded that the error was apparent on the face of the record, thereby rendering the decision reviewable. The court further found that the decision was unreasonable, as it did not accord with the statutory criteria outlined in the Building Act 1993. Consequently, the court quashed the Building Surveyor's decision and remitted the matter back to the Building Surveyor for reconsideration in light of the court's findings.