Disorganized Developments Pty Ltd v South Australia [2023] HCA 22

Disorganized Developments Pty Ltd v South Australia [2023] HCA 22

The Cowirra Regulations were invalid because they did not, in their terms, declare the Cowirra land to be prescribed places as required by the Criminal Law Consolidation Act 1935 (SA). The Regulations merely purported to vary the 2015 Regulations and failed to employ the legislative language or mechanism necessary for a declaration. Accordingly, the Governor's regulation-making power was not properly exercised and the Regulations were outside power. On the further question of procedural fairness, the majority found that such a duty attached in this instance, as property rights would have been directly affected, and the statutory presumption of fairness was not displaced.

Parties
Appellant: Disorganized Developments Pty Ltd; Appellant: Mr Stacy; Appellant: Mr Taylor; Respondent: State of South Australia
Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Appeal / High Court Appeal Following Decision of the Court of Appeal of the Supreme Court of South Australia
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Procedural Fairness, Validity of Delegated Legislation
Constitutional Law Administrative Law Criminal Law Statutory Interpretation Procedural Fairness Validity of Delegated Legislation

Case Brief

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Parties

Disorganized Developments Pty Ltd

Appellant

Mr Stacy

Appellant

Mr Taylor

Appellant

State of South Australia

Respondent

Procedural Posture

Appeal / High Court Appeal Following Decision of the Court of Appeal of the Supreme Court of South Australia

Legal Issues

  1. 1 Whether the Cowirra Regulations validly declared land to be a 'prescribed place' for the purposes of s 83GA(1) and s 83GD(1) of the Criminal Law Consolidation Act 1935 (SA)
  2. 2 Whether the regulation-making power was conditioned by a duty to afford procedural fairness to owners and occupiers

Ratio Decidendi

The Cowirra Regulations were invalid because they did not, in their terms, declare the Cowirra land to be prescribed places as required by the Criminal Law Consolidation Act 1935 (SA). The Regulations merely purported to vary the 2015 Regulations and failed to employ the legislative language or mechanism necessary for a declaration. Accordingly, the Governor's regulation-making power was not properly exercised and the Regulations were outside power. On the further question of procedural fairness, the majority found that such a duty attached in this instance, as property rights would have been directly affected, and the statutory presumption of fairness was not displaced.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs.
  • Set aside the orders of the Court of Appeal of the Supreme Court of South Australia made on 16 February 2022.