Tomson v Minister for Finance and Deregulation [2013] FCA 664

FEDERAL COURT OF AUSTRALIA

Tomson v Minister for Finance and Deregulation [2013] FCA 664 Citation: Tomson v Minister for Finance and Deregulation [2013] FCA 664

Parties: PETER TOMSON and KIM TOMSON v MINISTER FOR FINANCE AND DEREGULATION

File number: NSD 1289 of 2012

Judge: RARES J

Date of judgment: 11 July 2013

Catchwords: ADMINISTRATIVE LAW – JUDICIAL REVIEW – application by two persons for "act of grace payment" under s 33(1) of Financial Management and Accountability Act 1997 (Cth) after failed prosecution under Customs Act 1901 (Cth) of one of them – where new application refused by delegate – where earlier application for act of grace payment by one of those persons on different basis refused by Minister without giving reasons – whether refusal of new application improper exercise of power or exercise of discretionary power in accordance with a policy without regard to the merits of the particular case or so unreasonable that no reasonable person could have so exercised the power (ss 5(1)(e), (f) and 5(2)(g) of Administrative Decisions (Judicial Review) Act 1977 (Cth)) – where both applications by common applicant on some similar but not identical facts and circumstances – where new application expressly abandoned basis of prior rejected application – whether new application considered on its own merits or refusal decision based on prior application without regard to new information and claim by additional applicant – where delegate referred to Departmental policy that earlier decision would be reconsidered only if pertinent new evidence/facts/arguments presented – where delegate refused to reconsider new application – whether new application substantially differed from prior application Held: delegate's reasons did not reflect consideration of new application including new applicant or new information