Allan v Development Allowance Authority [1999] FCA 426

FEDERAL COURT OF AUSTRALIA

ALLAN v DEVELOPMENT ALLOWANCE AUTHORITY [1999] FCA 426

ADMINISTRATIVE LAW – standing to review decision of statutory authority under the Administrative Appeals Tribunal Act 1975 (Cth) - whether standing is required at the date of commencement of a matter and at the date of the hearing of the matter – whether "loss" of the special interest giving rise to standing after commencement of proceeding renders proceeding frivolous or vexatious - whether a person who has an accrued right to have a decision made in accordance with law has standing even if the person has ceased to have a special interest in the decision being made

Administrative Appeals Tribunal Act 1975 (Cth) s27(1) Development Allowance Authority Act 1992 (Cth) ss 119, 93O(2)(b), 120

Allan v Development Allowance Authority (1998) 152 ALR 439 - applied Re McHattan and Collector of Customs (1977) 18 ALR 154 - considered Sinclair v Mining Warden at Maryborough (1975) 132 CLR 473 - applied Australian Conservation Foundation v Commonwealth (1980) 146 CLR 493 - considered Queensland Newsagents Federation Ltd v Trade Practices Commission (1993) 118 ALR 527 - considered Re Williams and Australian Electoral Commission (1995) 38 ALD 366 – applied United States Parole Commission v Geraghty 445 US 388 (1980) - considered Cook & Ors v Colgate University 992 F 2d 17 (1993) - considered Byron Environment Centre v Arakwal People (1997) 78 FCR 1 - considered Broken Hill Pty Co Ltd v Trade Practices Tribunal (1980) 31 ALR 401 - considered Shop Distributive and Allied Employees Association v Minister for Industrial Affairs (SA) (1995) 183 CLR 552 - considered Bateman's Bay Local Aboriginal Land Council v Aboriginal Community Benefit Fund Pty Ltd (1998) 155 ALR 684 - considered Onus v Alcoa of Australia Ltd (1981) 149 CLR 27 - considered