Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIAN DISTRICT REGISTRY ) No. G25 of 1982 ) GENERAL DIVISION )
On appeal from a single Judge of the Federal Court of Australia
BETWEEN:
ABORIGINAL DEVELOPMENT COMMISSION
Appellant AND:
RALKON AGRICULTURAL COMPANY PTY.
LIMITED Respondent ORDER JUDGES: Fox J., Woodward J. and Toohey J. DATE OF ORDER: tO November 1982
WHERE MADE: Adelaide
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
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IN THE FEDERAL COURT OF AUSTRALIA
) ) SQUTH AUSTRALIAN DISTRICT REGISTRY } No. G25 of 1982 ) GENERAL DIVISION )
On appeal from a single Judge of the Federal Court of Australia
BETWEEN:
ABORIGINAL DEVELOPMENT COMMISS ION
Appellant AND: wells
RALKON AGRICULTURAL COMPANY PTY. LIMITED
Respondent
REASONS FOR JUDGMENT
FOX J., WOODWARD J. and TOOHEY J.
This is an appeal from a decision of his Honour Mr. Justice Keely in which he extended the time allowed ( for the making of an application under the Administrative
Decisions (Judicial Review) Act 1977 ("the Judicial Review
Act"), for an order of review, and dismissed an objection
to the competency of the application then made.
6 cee ge SEE TES EE Le SENATE ALES
The basis of the objection to competency was that the applicant was not a person who was aggrieved by the challenged decision within the meaning of ss.5 and 6 of the Judicial Review Act. Before us it was conceded by counsel for the appellant that the applicant was a "person aggrieved", and the objection to competency was as a consequence abandoned. Counsel at the same time wished to make clear to us his submission that the applicant was not in fact adversely affected by the decision because it did not impinge on any legitimate
claim or right that the applicant had.
This contention 1s, however, subsumed in the remaining principal ground of appeal, namely that his Honour wrongly exercised his discretion because the application could not succeed, and therefore, as counsel
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