Allan, Peter v Development Allowance Authority [1998] FCA 112

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - Standing to seek review of decision under Development Allowance Authority Act 1992 - Certificate granted in respect of finance for road project - Applicant for review claims to be resident specially affected by the planned construction work - Whether applicant is a "person who is affected" by the decision to grant the certificate - Whether the applicant's affectation must be in relation to interests to which the legislation is directed. Development Allowance Authority Act 1992, ss 93O, 119 and 120 Administrative Appeals Tribunal Act 1975, s43 PETER ALLAN v DEVELOPMENT ALLOWANCE AUTHORITY VG496 of 1996 JUDGES: WILCOX, R D NICHOLSON and FINN JJ PLACE: SYDNEY (HEARD IN CANBERRA) DATE: 27 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY VG496 of 1996

BETWEEN: PETER ALLAN

Applicant

AND: DEVELOPMENT ALLOWANCE AUTHORITY

Respondent

JUDGES WILCOX, R D NICHOLSON AND FINN JJ

DATE OF ORDER: 27 FEBRUARY 1998

WHERE MADE: SYDNEY (heard in canberra)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by Mansfield J be set aside and in lieu thereof it be ordered the appeal to the Court against the decision of the Administrative Appeals Tribunal be allowed, the decision of the Tribunal of 13 November 1996 be set aside and the appellant's application for review of the respondent's decision be remitted to the Tribunal for determination in accordance with law. 3. The respondent pay the appellant's costs of the proceeding before Mansfield J and on appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY VG496 of 1996

BETWEEN: PETER ALLAN