Dardak v Minister for Regional Services, Territories & Local Government [2001] FCA 21

FEDERAL COURT OF AUSTRALIA

Dardak v Minister for Regional Services, Territories & Local Government

[2001] FCA 21

ADMINISTRATIVE LAW – motion for an extension of time under s 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the Act") – whether decision to approve award of tender to construct public house, a decision to which the Act applies – meaning of "decision" discussed – whether if there were a decision that decision was made under an enactment.

Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5(1), 11(1)(c), 11(4) Judiciary Act 1903 (Cth) Financial Management and Accountability Act 1997 (Cth) s 4, 3 Financial Management and Accountability Regulations 1997 Regulation 8

WORDS AND PHRASES – "decision" – "made under an enactment"

Worthley v England; Re Excel Finance Corporation Ltd (1994) 52 FCR 69 followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 discussed General Newspapers Pty Limited v Telstra Corporation (1993) 45 FCR 164 followed Australian National University v Burns (1982) 64 FLR 166 distinguished CEA Technologies Pty Limited v Civil Aviation Authority (1994) 51 FCR 329 followed and discussed Hawker Pacific Pty Ltd v Freeland (1983) 52 ALR 185 discussed Community and Public Sector Union v Woodward (1997) 76 FCR 551 discussed Hutchins v Commissioner of Taxation (1996) 65 FCR 269 cited Giorgas v Federal Airports Corp (1995) 37 ALD 623 cited OTHMAN DARDAK AND OTHERS v

MINISTER FOR REGIONAL SERVICES, TERRITORIES AND LOCAL GOVERNMENT AND OTHERS N 1071 of 2000 HILL J 9 FEBRUARY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1071 OF 2000

BETWEEN: OTHMAN DARDAK

FIRST APPLICANT

AZMI YON

SECOND APPLICANT

OSMAN SUMAT

THIRD APPLICANT

HAMDAN OSMAN