Shire of AugustaMargaret River v Gray & Anor

(2005) 143 LGERA 55; [2005] WASCA 227

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Town Planning
2. › Subdivision approval
3. › Appeal to Town Planning Appeal Tribunal
4. › Joinder of third party
5. › Whether Tribunal had implied power to join referral authority as party
6. › Whether Tribunal applied correct test for joinder
7. › Whether exceptional circumstances test too restrictive
8. › Town Planning and Development Act 1928 (WA), ss 2, 20(1), 24(1), 26(1), 51, 62, 67
1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Error of law on face of record
5. › Misdirection as to applicable legal test
6. › Wednesbury unreasonableness
7. › Irrelevant considerations
1. Practice and Procedure
2. › Appeal
3. › Competency of appeal
4. › Meaning of 'proceedings' in appeal provision
5. › Whether applications for joinder and submissions were 'proceedings to which the person was a party'
6. › Town Planning and Development Act 1928 (WA), s 67
1. Administrative Law
2. › Tribunals
3. › Transitional provisions
4. › Abolition of tribunal and transfer of jurisdiction
5. › Whether successor tribunal applies former or current law to pending applications
6. › Accrued rights
7. › State Administrative Tribunal Act 2004 (WA), s 167
8. › Interpretation Act 1984 (WA), s 37

Quick Take

The test for joinder of a third party to a planning appeal is not limited to 'exceptional or extraordinary circumstances'; the relevant factors include the nature and strength of the applicant's interest, the contribution the applicant can make to proper resolution of the issues, whether the applicant's interest will be adequately dealt with by existing parties, and the impact of joinder on the proceedings. Where the abolition of a tribunal and transfer of jurisdiction to SAT leaves pending applications undetermined, s 37 of the Interpretation Act 1984 (WA) preserves accrued rights and SAT must apply the law in force before the transfer day. The meaning of 'proceedings' in s 67 of the Planning Act was left unresolved, with the majority holding it refers to the appeal (not a step in it) and the minority holding it encompasses interlocutory applications.