Pathfinder Energy Pty Ltd v Commonwealth-Western Australia Offshore Petroleum Joint Authority [2019] FCA 2032

Pathfinder Energy Pty Ltd v Commonwealth-Western Australia Offshore Petroleum Joint Authority [2019] FCA 2032

The conceded possible inflexible application of the Offshore Petroleum Exploration Guideline: Work-bid established a demonstrated ground of review under the ADJR Act, and because the consent orders were within jurisdiction, appropriate after mediation between legally represented parties, and raised no separate public interest concern, the decisions should be set aside and the applications remitted for fresh determination.

Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Judicial Review of Administrative Decisions Refusing Applications for Suspension of Conditions and Extension of Term of Petroleum Exploration Permits / Determined on the Papers; Consent Orders Following Mediation
Outcome
Consent orders made; decisions set aside; applications remitted for further consideration; proceedings otherwise discontinued; no order as to costs.
Legal Topics
['judicial Review' 'public Law Consent Orders' 'application of Policy Instruments' 'petroleum Exploration Permits' 'remittal for Reconsideration']
['administrative Law' 'offshore Petroleum Regulation'] ['judicial Review' 'public Law Consent Orders' 'application of Policy Instruments' 'petroleum Exploration Permits' 'remittal for Reconsideration']

Case Brief

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Procedural Posture

Judicial Review of Administrative Decisions Refusing Applications for Suspension of Conditions and Extension of Term of Petroleum Exploration Permits / Determined on the Papers; Consent Orders Following Mediation

Legal Issues

  1. 1 ['Whether the Court should make consent orders granting public law relief setting aside the decisions and remitting the applications for reconsideration.' 'Whether there was a proper basis for concluding that the delegates comprising the Joint Authority committed reviewable error by applying the Guideline inflexibly as to commercial risks and force majeure.']

Ratio Decidendi

The conceded possible inflexible application of the Offshore Petroleum Exploration Guideline: Work-bid established a demonstrated ground of review under the ADJR Act, and because the consent orders were within jurisdiction, appropriate after mediation between legally represented parties, and raised no separate public interest concern, the decisions should be set aside and the applications remitted for fresh determination.

Court Disposition

Consent orders made; decisions set aside; applications remitted for further consideration; proceedings otherwise discontinued; no order as to costs.

Orders

  • ["The decisions made by the second and third respondents, as delegates of the fourth and fifth respondents comprising the first respondent, to refuse the applicant's applications for a suspension of conditions and extension of term of Permits WA-479-P and WA-487-P dated 9 July 2018 made under s 264 and s 265 of the...