Doherty, Dennis & Ors v Wright, David T & Ors [1995] FCA 1170

Doherty, Dennis & Ors v Wright, David T & Ors [1995] FCA 1170

The application was dismissed as there was no legal basis for the court to compel the Authority to approve the temporary structures, and legitimate expectation alone was insufficient to warrant the relief sought.

Jurisdiction
Australia
Judgment Date
30 November 1995
Procedural Posture
Ex Parte Application / Judgment
Outcome
Application dismissed
Legal Topics
['judicial Review' 'mandatory Injunction' 'legitimate Expectation' 'approval for Temporary Structures' 'parliamentary Zone']
['administrative Law'] ['judicial Review' 'mandatory Injunction' 'legitimate Expectation' 'approval for Temporary Structures' 'parliamentary Zone']

Case Brief

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Procedural Posture

Ex Parte Application / Judgment

Legal Issues

  1. 1 ['Whether the applicant had a legitimate expectation that approval would be granted for the erection of temporary structures within the parliamentary zone' 'Whether the court should grant a mandatory injunction directing approval of the application']

Ratio Decidendi

The application was dismissed as there was no legal basis for the court to compel the Authority to approve the temporary structures, and legitimate expectation alone was insufficient to warrant the relief sought.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']