Fordham, Robert Clive The State of Victoria v. Evans, G. & Ors [1987] FCA 237

Fordham, Robert Clive The State of Victoria v. Evans, G. & Ors [1987] FCA 237

Oil Basins Limited is a 'person interested in a decision' for the purposes of s.12(1) of the Administrative Decisions (Judicial Review) Act 1977, because its legal rights under a contract with other parties may be affected by the outcome of the decision. The possibility of such an effect is real, not remote or fanciful. Thus, the Court exercises its discretion (doubtfully) to join Oil Basins Limited as a party respondent.

Parties
Applicant: Robert Clive Fordham; Applicant: The State of Victoria; Respondent: Gareth Evans; Respondent: BHP Petroleum Pty. Ltd.; Respondent: Esso Exploration and Production Australia Inc.; Respondent (added): Oil Basins Limited
Jurisdiction
Australia
Judgment Date
06 May 1987
Procedural Posture
Application for Judicial Review / Interlocutory Application for Joinder
Outcome
Application by Oil Basins Limited to be joined as a party respondent granted.
Legal Topics
Joinder of Parties, Judicial Review, Interest in Decision, Administrative Decisions (judicial Review) Act 1977 S 12
Administrative Law Joinder of Parties Judicial Review Interest in Decision Administrative Decisions (judicial Review) Act 1977 S 12

Case Brief

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Parties

Robert Clive Fordham

Applicant

The State of Victoria

Applicant

Gareth Evans

Respondent

BHP Petroleum Pty. Ltd.

Respondent

Esso Exploration and Production Australia Inc.

Respondent

Oil Basins Limited

Respondent (added)

Procedural Posture

Application for Judicial Review / Interlocutory Application for Joinder

Legal Issues

  1. 1 Whether Oil Basins Limited is 'a person interested in a decision' under s.12 of the Administrative Decisions (Judicial Review) Act 1977 so as to be joined as a party respondent to the application

Ratio Decidendi

Oil Basins Limited is a 'person interested in a decision' for the purposes of s.12(1) of the Administrative Decisions (Judicial Review) Act 1977, because its legal rights under a contract with other parties may be affected by the outcome of the decision. The possibility of such an effect is real, not remote or fanciful. Thus, the Court exercises its discretion (doubtfully) to join Oil Basins Limited as a party respondent.

Court Disposition

Application by Oil Basins Limited to be joined as a party respondent granted.

Orders

  • Oil Basins Limited be added as a party respondent to the application.
  • The costs of each of Robert Clive Fordham, The State of Victoria, Gareth Evans and Oil Basins Limited of the motion of which notice was filed 17 March 1987 be that party's costs in the cause.