Asset Energy Pty Ltd v Commonwealth Minister for Resources [2023] FCA 86

Asset Energy Pty Ltd v Commonwealth Minister for Resources [2023] FCA 86

There was a reasonable apprehension of bias on the part of Mr Morrison, the Commonwealth Minister, arising from repeated public statements indicating opposition to the application before and during the decision-making process, such that a fair-minded observer might apprehend that the Minister might not bring an impartial mind to the decision. This breached the rules of natural justice and warranted quashing the Joint Authority's decision.

Parties
Applicant: Asset Energy Pty Ltd; First Respondent: Commonwealth Minister for Resources, as the Responsible Commonwealth Minister of the Commonwealth-New South Wales Offshore Petroleum Joint Authority; Second Respondent: Minister for Regional New South Wales, as Responsible State Minister of the Commonwealth-New South Wales Offshore Petroleum Joint Authority
Jurisdiction
Australia
Judgment Date
14 February 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision of the Joint Authority quashed; application remitted; costs ordered
Legal Topics
Judicial Review, Natural Justice, Apprehended Bias, Administrative Decisions, Ministerial Decision Making
Administrative Law Judicial Review Natural Justice Apprehended Bias Administrative Decisions Ministerial Decision Making

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Asset Energy Pty Ltd

Applicant

Commonwealth Minister for Resources, as the Responsible Commonwealth Minister of the Commonwealth-New South Wales Offshore Petroleum Joint Authority

First Respondent

Minister for Regional New South Wales, as Responsible State Minister of the Commonwealth-New South Wales Offshore Petroleum Joint Authority

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether apprehended bias affected the decision of the Commonwealth-New South Wales Offshore Petroleum Joint Authority refusing variation and suspension of permit conditions
  2. 2 Whether the rules of natural justice were breached in connection with the making of the decision

Ratio Decidendi

There was a reasonable apprehension of bias on the part of Mr Morrison, the Commonwealth Minister, arising from repeated public statements indicating opposition to the application before and during the decision-making process, such that a fair-minded observer might apprehend that the Minister might not bring an impartial mind to the decision. This breached the rules of natural justice and warranted quashing the Joint Authority's decision.

Court Disposition

Decision of the Joint Authority quashed; application remitted; costs ordered

Orders

  • The decision of the Commonwealth-New South Wales Offshore Petroleum Joint Authority dated 26 March 2022, to refuse the applicant's application for a variation and suspension of the conditions to which Petroleum Exploration Permit for Petroleum No. NSW/PEP-11 is subject, is quashed.
  • The application is remitted to the Joint Authority to be determined in accordance with law.