Leisure & Entertainment Pty Ltd v Willis, Ralph Federal Treasurer of the Commonwealth of Australia & Ors [1996] FCA 1

Leisure & Entertainment Pty Ltd v Willis, Ralph Federal Treasurer of the Commonwealth of Australia & Ors [1996] FCA 1

The applicant lacks standing as it holds no special interest distinct from an ordinary member of the public and cannot compel the Treasurer to refuse approval of the sale since the statutory powers conferred under the Foreign Acquisitions and Takeovers Act 1975 are discretionary not mandatory. Mandamus is not available to enforce a discretion or a policy, nor where no duty is owed to the applicant. Consequently, without standing in the main proceedings, the applicant cannot claim interlocutory relief.

Jurisdiction
Australia
Judgment Date
02 January 1996
Procedural Posture
Application for Interlocutory Relief and Writ of Mandamus / Interlocutory (application for Interim Injunction and Consideration of Standing; Not Final Merits)
Outcome
Application for interlocutory relief dismissed
Legal Topics
['locus Standi' 'mandamus' 'foreign Investment Approval' 'interlocutory Injunctions' "interpretation of 'may' as Imperative or Permissive"]
['administrative Law' 'statutory Interpretation' 'civil Procedure'] ['locus Standi' 'mandamus' 'foreign Investment Approval' 'interlocutory Injunctions' "interpretation of 'may' as Imperative or Permissive"]

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Procedural Posture

Application for Interlocutory Relief and Writ of Mandamus / Interlocutory (application for Interim Injunction and Consideration of Standing; Not Final Merits)

Legal Issues

  1. 1 ['Whether the applicant has standing to seek relief (writ of mandamus/interlocutory injunction) against the Treasurer regarding approval of the sale of Dreamworld to a foreign entity' 'Whether the statutory powers conferred on the Treasurer under the Foreign Acquisitions and Takeovers Act 1975 are discretionary or impose a duty enforceable by mandamus' 'Whether mandamus and interlocutory injunctions are available to enforce compliance with government policy or to require exercise of an administrative discretion']

Ratio Decidendi

The applicant lacks standing as it holds no special interest distinct from an ordinary member of the public and cannot compel the Treasurer to refuse approval of the sale since the statutory powers conferred under the Foreign Acquisitions and Takeovers Act 1975 are discretionary not mandatory. Mandamus is not available to enforce a discretion or a policy, nor where no duty is owed to the applicant. Consequently, without standing in the main proceedings, the applicant cannot claim interlocutory relief.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • ['The motion filed on 27 December 1995 seeking interlocutory relief is dismissed.' "The applicant is to pay the respondents' costs of and incidental to the application for interlocutory relief, to be taxed if not agreed, and those costs are to include the costs of the motions to be joined as respondents." 'Liberty...