Boyle, F.C. & Anor v Charge, A.N. [1987] FCA 274

Boyle, F.C. & Anor v Charge, A.N. [1987] FCA 274

At the date of the approval, the second respondent was not a bona fide resident of the land, which was a condition precedent to a valid approval. The purported approval was not authorised by s.10 of the City Area Leases Ordinance. The applicants, as adjoining lessees, were persons aggrieved and entitled to seek review. No denial of natural justice occurred. Relief was not denied on discretionary grounds, as the original approval was invalid in law.

Parties
Applicant: Francis Charles Boyle; Applicant: Mary Patricia Joan Boyle; First Respondent: Anthony Norman Charge; Second Respondent: Graeme Norman Pearce
Jurisdiction
Australia
Judgment Date
02 June 1987
Procedural Posture
Application for Judicial Review / Final Judgment at First Instance
Outcome
Application granted; decision set aside.
Legal Topics
Judicial Review, Land Use Approvals, Natural Justice, Persons Aggrieved
Administrative Law Judicial Review Land Use Approvals Natural Justice Persons Aggrieved

Case Brief

Summary, issues, holding and outcome

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Parties

Francis Charles Boyle

Applicant

Mary Patricia Joan Boyle

Applicant

Anthony Norman Charge

First Respondent

Graeme Norman Pearce

Second Respondent

Procedural Posture

Application for Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the approval under s.10 of the City Area Leases Ordinance 1936 (A.C.T.) was valid given the applicant's status as a bona fide resident
  2. 2 Whether the applicants were 'persons aggrieved' for purposes of standing
  3. 3 Whether there was a denial of natural justice in the decision-making process

Ratio Decidendi

At the date of the approval, the second respondent was not a bona fide resident of the land, which was a condition precedent to a valid approval. The purported approval was not authorised by s.10 of the City Area Leases Ordinance. The applicants, as adjoining lessees, were persons aggrieved and entitled to seek review. No denial of natural justice occurred. Relief was not denied on discretionary grounds, as the original approval was invalid in law.

Court Disposition

Application granted; decision set aside.

Orders

  • The decision made by Anthony Norman Charge on 15 September 1986 purporting to approve Graeme Norman Pearce carrying on the profession, trade, occupation or calling of veterinary surgeon on the relevant land is set aside.
  • The first respondent is to pay the applicants' costs of the application.