Allan v Development Allowance Authority [1999] FCA 426

Allan v Development Allowance Authority [1999] FCA 426

Standing to seek review by the AAT must be assessed at the date the application for review is made. The Administrative Appeals Tribunal erred in law by requiring standing at the date of hearing and by applying an unduly restrictive test of 'special interest.' A person with an accrued right to have a decision made according to law retains standing for review, even if the special interest ceases during the pendency of proceedings.

Parties
Appellant: Peter Allan; First Respondent: Development Allowance Authority; Second Respondent: Transurban City Link Ltd
Jurisdiction
Australia
Judgment Date
14 April 1999
Procedural Posture
Appeal / Appeal From Decision of the Administrative Appeals Tribunal (aat), With Cross Appeal; Judgment Following Remittal From the Full Court
Outcome
Appeal and cross-appeal allowed; decision of the Administrative Appeals Tribunal set aside; matter remitted to AAT; costs to appellant.
Legal Topics
Standing to Seek Administrative Review, Accrued Rights in Administrative Proceedings, Enforcement of Statutory Duty, Meaning of 'person Affected' Under the Development Allowance Authority Act 1992 (cth), Review of Decisions Under Administrative Appeals Tribunal Act 1975 (cth)
Administrative Law Standing to Seek Administrative Review Accrued Rights in Administrative Proceedings Enforcement of Statutory Duty Meaning of 'person Affected' Under the Development Allowance Authority Act 1992 (cth) Review of Decisions Under Administrative Appeals Tribunal Act 1975 (cth)

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Parties

Peter Allan

Appellant

Development Allowance Authority

First Respondent

Transurban City Link Ltd

Second Respondent

Procedural Posture

Appeal / Appeal From Decision of the Administrative Appeals Tribunal (aat), With Cross Appeal; Judgment Following Remittal From the Full Court

Legal Issues

  1. 1 Whether standing to review a decision under the Administrative Appeals Tribunal Act 1975 (Cth) must exist at the date of commencement and at the date of hearing
  2. 2 Whether losing a special interest after commencing proceedings renders them frivolous or vexatious
  3. 3 Whether an accrued right to have a decision made according to law confers standing even if a special interest has ceased

Ratio Decidendi

Standing to seek review by the AAT must be assessed at the date the application for review is made. The Administrative Appeals Tribunal erred in law by requiring standing at the date of hearing and by applying an unduly restrictive test of 'special interest.' A person with an accrued right to have a decision made according to law retains standing for review, even if the special interest ceases during the pendency of proceedings.

Court Disposition

Appeal and cross-appeal allowed; decision of the Administrative Appeals Tribunal set aside; matter remitted to AAT; costs to appellant.

Orders

  • The appeal and the second respondent's cross appeal be allowed.
  • The decision of the Administrative Appeals Tribunal made on 9 September 1998 be set aside.