Federal Court of Australia
° CATCHWORDS
ADMINISTRATIVE LAW - Planning and development ~ natural justice ~ development conditions for block of land approved by National
Capital Development Commission - failure to consult owners of adjoining blocks with respect to effect of development on amenity ef adjoining land - appellant adjoining owner - claim that
amenity of land impaired by proposed building - whether appellant had "interest" requiring that it be consulted before approval of
development - whether "legitimate expectation" that such consultation would take place - whether failure by N.C.D.C. to fake into account relevant considerations - whether application
of policy without regard to merits of the case.
Administrative Decisions (Judicial Rewiew) Act 1977 ss.5(1)(a), (a), 5(2)(b), (£)
National Capital Development Commission Act 1957 s.11
Buildings (Desian and Siting) Ordinance 1964 (A.C.T.) 5.6
F.A.I.Insurances Ltd. v. Winneke (1982) 151 C.L.R. 342 ref'd to Re Ludeke (1985) 59 A.L.R. 417 ref'd to Kioa_ v. Minister for Immigration and Ethnic Affairs (1985) 62 A.L.R.~ 321 ref'd to - Council of Civil Service Unions v. Minister for the Civil Service (1985) 1 A.C. 374 cons.
R. v7. Commissioner for Town and Country Planning, ex parte Scott (1970) 24 O.G.R.A. 108 dist.
Sean Investments v. Mackellar (1981) 38 A.L.R. 363 ref'd to
Gurleven ov. Minister for Immicration and Ethnic Affairs (Pull Federal Court, unreported, 24 February 1984) ref'd to
Peko-Wallsend Ltd. wv. Minister for Aboriginal Affairs (1985) 59 A.T.LR. Sl ret'd to
Toohevs Ltd. v. Minister for Business and Consumer Affairs (1981) 36 A.L.R. 64 ref'd to
IDONZ PTY. OCIMITED v7. NATIONAL CAPITAL DEVELOPMENT COMMISSION & ORS.
NO. A.C.T. G96 OF 1985
CORAM: FOX, WOODWARD & EVERETT JJ. PI 30 MAY 1986 4 MELBOURNE: i.
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AUSTRALTAN CAPITAL TERRITORY DISTRICT REGISTRY
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