Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Blue Wedges Inc v Minister for the Environment, Heritage and the Arts [2008] FCA 399
ADMINISTRATIVE LAW – whether failure to take into account relevant considerations – whether procedures required to be observed were not observed – s 136 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
ADMINISTRATIVE LAW – whether failure to observe a procedure required by law – unreasonableness – s 131 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) WORDS AND PHRASES – "environment"
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3A, 131, 136, 528
Bromley London Borough Council v Greater London Council [1983] 1 AC 768 cited Elias v Commissioner of Taxation (2002) 123 FCR 499 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied
BLUE WEDGES INC v MINISTER FOR THE ENVIRONMENT, HERITAGE & THE ARTS, PORT OF MELBOURNE CORPORATION AND STATE OF VICTORIA VID 58 OF 2008
NORTH J
28 MARCH 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 58 OF 2008
BETWEEN: BLUE WEDGES INC
Applicant
AND: MINISTER FOR THE ENVIRONMENT, HERITAGE & THE ARTS
First Respondent
PORT OF MELBOURNE CORPORATION
Second Respondent
STATE OF VICTORIA
Third Respondent
JUDGE: NORTH J DATE OF ORDER: 28 MARCH 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The question of costs is reserved.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 58 OF 2008
BETWEEN: BLUE WEDGES INC
Applicant
AND: MINISTER FOR THE ENVIRONMENT, HERITAGE & THE ARTS
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