Federal Court of Australia
Federal Court of Australia
Seadragon Offshore Wind Pty Ltd v Minister for Climate Change and Energy [2024] FCA 1290 File number: NSD 777 of 2024
Judgment of: PERRAM J
Date of judgment: 8 November 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review – where Minister for Climate Change and Energy ('Minister') refused to grant feasibility licence to applicant under Offshore Electricity Infrastructure Act 2021 (Cth) – where area of applicant's proposed feasibility licence overlapped with more meritorious application – whether Minister empowered to grant licence over smaller area than application area
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(f) Judiciary Act 1903 (Cth) s 39B Offshore Electricity Infrastructure Act 2021 (Cth) ss 3, 8, 15, 17, 29, 30, 32, 33, 34, 38, 39, 49, 58 Offshore Electricity Infrastructure (Invitation to Apply for a Feasibility Licence) Instrument (No 1) 2022 (Cth) Offshore Electricity Infrastructure Regulations 2022 (Cth) regs 7, 9, 10, 11, 12, 13, 14, 15, 16, 31
Cases cited: Babington v Commonwealth [2016] FCAFC 45; 240 FCR 495 Master Education Services Pty Ltd v Ketchell [2008] HCA 38; 236 CLR 101
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 50
Date of hearing: 14 October 2024
Counsel for the Applicant: Mr S Lloyd SC with Ms L Coleman and Mr J Birrell
Solicitor for the Applicant: Herbert Smith Freehills
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