Hawker Pacific Pty Ltd v Freeland, Colin W. & Ors [1983] FCA 381

Hawker Pacific Pty Ltd v Freeland, Colin W. & Ors [1983] FCA 381

The award of the contract and the issue of the purchase order were not decisions of an administrative character under an enactment, but were exercises of prerogative power as regulated by the Finance Regulations. The applicant, by virtue of invitation to tender and submission of a tender, was a 'person aggrieved' for the purposes of standing. Issues concerning the validity of the Certificate of Exemption and procedural compliance did not arise for decision.

Parties
Applicant: Hawker Pacific Pty. Limited; First Respondent: Colin W. Freeland; Second Respondent: The Commonwealth of Australia; Third Respondent: Civil Flying Services Pty. Limited
Jurisdiction
Australia
Judgment Date
16 December 1983
Procedural Posture
Application Under the Administrative Decisions (judicial Review) Act 1977 / Determination of Questions Stated Pursuant to Order 29
Outcome
Questions answered as follows: (1)(a) No; (1)(b) No; (2)(a) Yes; (2)(b) Yes; (2)(c) Yes; (3) Does not arise; (4) Does not arise.
Legal Topics
Judicial Review, Government Contracts, Standing (person Aggrieved), Compliance With Finance Regulations, Validity of Exemption Certificates
Administrative Law Judicial Review Government Contracts Standing (person Aggrieved) Compliance With Finance Regulations Validity of Exemption Certificates

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Parties

Hawker Pacific Pty. Limited

Applicant

Colin W. Freeland

First Respondent

The Commonwealth of Australia

Second Respondent

Civil Flying Services Pty. Limited

Third Respondent

Procedural Posture

Application Under the Administrative Decisions (judicial Review) Act 1977 / Determination of Questions Stated Pursuant to Order 29

Legal Issues

  1. 1 Whether the decision to award a contract or issue a purchase order constitutes a decision of an administrative character under an enactment
  2. 2 Whether the applicant is a 'person aggrieved' under the Administrative Decisions (Judicial Review) Act 1977
  3. 3 Validity of Certificate of Exemption under Finance Regulations

Ratio Decidendi

The award of the contract and the issue of the purchase order were not decisions of an administrative character under an enactment, but were exercises of prerogative power as regulated by the Finance Regulations. The applicant, by virtue of invitation to tender and submission of a tender, was a 'person aggrieved' for the purposes of standing. Issues concerning the validity of the Certificate of Exemption and procedural compliance did not arise for decision.

Court Disposition

Questions answered as follows: (1)(a) No; (1)(b) No; (2)(a) Yes; (2)(b) Yes; (2)(c) Yes; (3) Does not arise; (4) Does not arise.