Brisbane Airport Corporation Limited ACN 076 870 650 v Wright [2002] FCA 359

FEDERAL COURT OF AUSTRALIA

Brisbane Airport Corporation Limited ACN 076 870 650 v Wright [2002] FCA 359 ADMINISTRATIVE LAW – appeals from the Administrative Appeals Tribunal (Cth) – powers and procedure of Tribunal – whether Tribunal erred in decision - whether decisions of Tribunal are judicially reviewable under ADJR Act – parties – person 'whose interests are affected' - standing – whether standing derived from statute or common law principles – standing determined by considering the subject, scope and purpose of the relevant legislation Airports Act 1996 (Cth) Administrative Appeals Tribunal Act 1975 (Cth), s 27 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 6(1) Comptroller-General of Customs v Members of the Administrative Appeals Tribunal (1994) 123 ALR 140, considered Allan v Transurban City Link Ltd (2001) 75 ALJR 1551, applied Alphapharm Pty Ltd v SmithKline Beecham (Aust) Pty Ltd (1994) 49 FCR 250, applied Edwards v Australian Securities Commission (1997) 72 FCR 350, applied Byron Environment Centre Inc v Arakwal People (1997) 78 FCR 1, considered US Tobacco Co v Minister for Consumer Affairs (1988) 20 FCR 520, considered BRISBANE AIRPORT CORPORATION LIMITED, ACN 076 870 650 v DEPUTY PRESIDENT C R WRIGHT AS A PRESIDENTIAL MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL, KEVIN RUDD and MINISTER FOR TRANSPORT AND REGIONAL SERVICES Q 198 OF 2001 DOWSETT J 28 MARCH 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 198 OF 2001

BETWEEN: BRISBANE AIRPORT CORPORATION

LIMITED, ACN 076 870 650

APPLICANT

AND: DEPUTY PRESIDENT C R WRIGHT

AS A PRESIDENTIAL MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

KEVIN RUDD

SECOND RESPONDENT