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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia. |
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Construction
Tuesday, 23 September 2014 |
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| Executive Summary (One Minute Read) |
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| Waratah Coal Pty Ltd v Seeney (QSC) - judicial review - government refused to compulsorily acquire rail corridor for mining project - discretion not improperly fettered by government policy - judicial review refused |
| Summaries With Link (Five Minute Read) |
Waratah Coal Pty Ltd v Seeney [2014] QSC 226
Supreme Court of Queensland
Daubney J
Judicial review - Waratah mined coal in Galilee Basin - granted significant project status under State Development and Public Works Organisation Act 1971 (Qld) - this empowered compulsory acquisition of land by government - government had identified preferred Galilee Basin rail corridors - government policy was generally not to approve rail corridors outside preferred corridors - Waratah applied for rail corridor outside preferred corridors - application refused - Waratah sought judicial review - held: decision-maker had not erred in identifying relevant government policy - decision required value judgment - could not take place in a policy vacuum - decision-maker did not merely apply policy without regards to merits of application - had not fettered his discretion - had not taken irrelevant considerations into account - had not failed to take relevant considerations into account - no Wednesbury unreasonableness - application for judicial review dismissed.
Waratah Coal Pty Ltd |
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