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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Thursday, 11 December 2014
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| Executive Summary (One Minute Read) |
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| Argos Pty Ltd v Corbell, Minister for the Environment and Sustainable Development (HCA) - judicial review - standing - supermarket businesses were persons aggrieved by Minister's decision to approve development - appeal allowed |
| Summaries With Link (Five Minute Read) |
Argos Pty Ltd v Corbell, Minister for the Environment and Sustainable Development [2014] HCA 50
High Court of Australia
French CJ; Hayne, Bell, Gageler & Keane JJ
Judicial review - standing - Minister approved development application made by second and third respondents for commercial development under s162 Planning and Development Act 2007 (ACT) - development was to include supermarket and specialty shops at centre - second and third appellants each conducted supermarket business at nearby centre - first appellant was second appellant's landlord - primary judge concluded appellants were not persons aggrieved by Minister's decision because adverse effects were 'too remote' and interests not sufficiently ‘directly affected' - Court of Appeal dismissed appeal - held: Court rejected existence of general rule that mere detriment to economic interests of business would not give rise to standing - Court held supermarket businesses were persons aggrieved by Minister's decision and allowed their appeals - landlord's appeal dismissed.
Argos Pty Ltd |
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