Canberra Tradesmen's Union Club Inc v Commissioner for Land & Planning [1999] FCA 262

Canberra Tradesmen's Union Club Inc v Commissioner for Land & Planning [1999] FCA 262

The decision to approve the variation of the Crown lease for Casino Canberra was not invalid for want of a preliminary assessment, as the determination of its necessity was entrusted to the relevant Minister/delegate under the statutory scheme. The approval did not authorise unlawful use or gaming machines, and the Commissioner gave due consideration to relevant government policy and public interest. Regulation 24 of the Land (Planning and Environment) Regulations excluded AAT review of the Commissioner's decision, and the appellants lacked legal standing for such review or judicial review under the law as it stood at the time of their application.

Jurisdiction
Australia
Judgment Date
25 March 1999
Procedural Posture
Judicial Review and Appeal / Appeal From Supreme Court of the Australian Capital Territory to the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
['judicial Review of Administrative Decisions' 'standing' 'jurisdictional Fact' 'planning Approvals' 'casino Regulation' 'use of Gaming Machines' 'interpretation of Statutes' 'government Policy Relevance']
['administrative Law' 'land & Planning Law'] ['judicial Review of Administrative Decisions' 'standing' 'jurisdictional Fact' 'planning Approvals' 'casino Regulation' 'use of Gaming Machines' 'interpretation of Statutes' 'government Policy Relevance']

Case Brief

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Procedural Posture

Judicial Review and Appeal / Appeal From Supreme Court of the Australian Capital Territory to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether a preliminary assessment was required under the Land (Planning and Environment) Act 1991 (ACT) and failure to obtain one invalidated the Commissioner's decision" "Whether the Commissioner's decision permitted unlawful activity (use of gaming machines)" 'Whether the Commissioner failed to consider relevant government policy and public interest' 'Whether appellants had standing before the Tribunal or for judicial review' "Whether the Tribunal's jurisdiction was excluded by regulation"]

Ratio Decidendi

The decision to approve the variation of the Crown lease for Casino Canberra was not invalid for want of a preliminary assessment, as the determination of its necessity was entrusted to the relevant Minister/delegate under the statutory scheme. The approval did not authorise unlawful use or gaming machines, and the Commissioner gave due consideration to relevant government policy and public interest. Regulation 24 of the Land (Planning and Environment) Regulations excluded AAT review of the Commissioner's decision, and the appellants lacked legal standing for such review or judicial review under the law as it stood at the time of their application.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal from the decision of the primary judge on each of the applications before him be dismissed.' "The appellants pay the respondents' costs."]