Allan, Peter v Development Allowance Authority [1998] FCA 112

Allan, Peter v Development Allowance Authority [1998] FCA 112

A resident whose property is especially and adversely affected by a road project funded pursuant to a decision under the Development Allowance Authority Act 1992 is 'a person who is affected' within the meaning of s 119(1) and is entitled to seek review, provided the person demonstrates a special interest in the sense articulated by the High Court. The statutory provision does not require that the special interest relate to the purposes of the Act, and standing is not confined only to applicants or direct participants in the statutory scheme.

Parties
Applicant/appellant: Peter Allan; Respondent: Development Allowance Authority
Jurisdiction
Australia
Judgment Date
27 February 1998
Procedural Posture
Appeal From Administrative Appeals Tribunal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Standing for Judicial Review, Interpretation of 'person Affected' in Statutory Schemes, Special Interest Test, Statutory Construction
Administrative Law Standing for Judicial Review Interpretation of 'person Affected' in Statutory Schemes Special Interest Test Statutory Construction

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 4 Authorities cited 29 Party arguments 2
Sign in to unlock

Parties

Peter Allan

Applicant/appellant

Development Allowance Authority

Respondent

Procedural Posture

Appeal From Administrative Appeals Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the applicant is a 'person who is affected' within the meaning of s 119(1) of the Development Allowance Authority Act 1992
  2. 2 Whether special interest for standing purposes requires connection to the statutory purpose of the legislation
  3. 3 Applicability and meaning of the 'zone of interests' test under Australian law

Ratio Decidendi

A resident whose property is especially and adversely affected by a road project funded pursuant to a decision under the Development Allowance Authority Act 1992 is 'a person who is affected' within the meaning of s 119(1) and is entitled to seek review, provided the person demonstrates a special interest in the sense articulated by the High Court. The statutory provision does not require that the special interest relate to the purposes of the Act, and standing is not confined only to applicants or direct participants in the statutory scheme.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The orders made by Mansfield J be set aside.