Sydney Training Depot Snapper Island Ltd v Brown, J. & Ors [1987] FCA 570

Sydney Training Depot Snapper Island Ltd v Brown, J. & Ors [1987] FCA 570

All grounds of review failed because (a) the decision to issue the notice to quit was an exercise of a private property right so did not attract a duty of natural justice, or if it did, adequate natural justice was afforded; (b) the proper authority lay with the Department empowered by statute, not the Navy; (c) there was evidence to support the view that continuing occupation of the island by the applicant presented a discrete and avoidable risk, and (d) the decision was not so unreasonable as to justify judicial intervention.

Parties
Applicant: "SYDNEY" TRAINING DEPOT SNAPPER ISLAND LIMITED; First Respondent: JOHN BROWN, MINISTER FOR SPORT, RECREATION AND TOURISM AND THE MINISTER ASSISTING THE MINISTER FOR DEFENCE; Second Respondent: A GALLERY, CHIEF PROPERTY OFFICER FOR STATE OF NSW DEPARTMENT OF LOCAL GOVERNMENT AND ADMINISTRATIVE SERVICES; Third Respondent: THE HONOURABLE STEWART WEST, MINISTER FOR ADMINISTRATIVE SERVICES; Fourth Respondent: THE COMMONWEALTH OF AUSTRALIA
Jurisdiction
Australia
Judgment Date
26 October 1987
Procedural Posture
Application for Judicial Review / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
Natural Justice, Ministerial Discretion, Leasehold Termination, Judicial Review, Unreasonableness, Decision Maker Authority
Administrative Law Property Law Natural Justice Ministerial Discretion Leasehold Termination Judicial Review Unreasonableness Decision Maker Authority

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Parties

"SYDNEY" TRAINING DEPOT SNAPPER ISLAND LIMITED

Applicant

JOHN BROWN, MINISTER FOR SPORT, RECREATION AND TOURISM AND THE MINISTER ASSISTING THE MINISTER FOR DEFENCE

First Respondent

A GALLERY, CHIEF PROPERTY OFFICER FOR STATE OF NSW DEPARTMENT OF LOCAL GOVERNMENT AND ADMINISTRATIVE SERVICES

Second Respondent

THE HONOURABLE STEWART WEST, MINISTER FOR ADMINISTRATIVE SERVICES

Third Respondent

THE COMMONWEALTH OF AUSTRALIA

Fourth Respondent

Procedural Posture

Application for Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether rules of natural justice applied to the decision to issue notice to quit leased property
  2. 2 Whether natural justice was afforded to the applicant
  3. 3 Whether the decision-maker had proper authority

Ratio Decidendi

All grounds of review failed because (a) the decision to issue the notice to quit was an exercise of a private property right so did not attract a duty of natural justice, or if it did, adequate natural justice was afforded; (b) the proper authority lay with the Department empowered by statute, not the Navy; (c) there was evidence to support the view that continuing occupation of the island by the applicant presented a discrete and avoidable risk, and (d) the decision was not so unreasonable as to justify judicial intervention.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant to pay the respondents' costs of the proceeding.