Allan, Peter v Development Allowance Authority [1997] FCA 738

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - test for standing - standing to challenge decision of the Development Allowance Authority - look to Statute conferring power to determine if applicant has standing - meaning of "special interest" in context of legislation - application dismissed. Administrative Appeals Tribunal Act 1975 Development Authority Act 1992, Chapters 3 and 4 Melbourne City Link Act 1995 Nolan v Development Allowance Authority (Federal Court, Goldberg J, 4 February 1997, unreported), considered and followed Boyce v Paddington Borough Council [1903] 1 Ch 109, considered Australian Conservation Foundation v Commonwealth (1980) 146 CLR 493, considered Alphapharm Pty Ltd v Smithkline Beecham (Australia) Pty Limited (1994) 49 FCR 250, considered and applied Robinson v Western Australian Museum (1977) 138 CLR 283, considered and applied Australian Institute of Marine and Power Engineers v Secretary, Department of Transport (1986) 13 FCR 124, considered United States Tobacco Company v Minister for Consumer Affairs (1988) 20 FCR 520, considered Re McHattan and Collector of Customs (1977) 18 ALR 154, considered North Coast Environment Council Inc v Minister for National Resources (No 2) (1994) 55 FCR 492, considered and applied PETER ALLAN v DEVELOPMENT ALLOWANCE AUTHORITY VG 736 OF 1996 MANSFIELD J ADELAIDE (HEARD IN MELBOURNE) 7 AUGUST 1997

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 736 of 1996 ) GENERAL DIVISION ) BETWEEN: PETER ALLAN Applicant AND: DEVELOPMENT ALLOWANCE AUTHORITY Respondent JUDGE: MANSFIELD J PLACE: ADELAIDE (HEARD IN MELBOURNE) DATED: 7 AUGUST 1997 MINUTES OF ORDER THE COURT ORDERS THAT:

(1) The application be dismissed. Note: Settlement and entry of orders is dealt with in order 36 of the Federal Court Rules.