Application for judicial review - Writ of certiorari - Application to quash a condition imposed on a development approval requiring construction of solid median on main road - Conflicting development approvals - Whether development assessment panel decision to impose particular condition vitiated by jurisdictional error
Certiorari - Whether condition vitiated by jurisdictional error on grounds power held exclusively by Commissioner of Main Roads - s 28A Main Roads Act 1930 (WA) - Anthony Hordern principle considered - Whether condition ambulatory - Whether condition requires exercise of power by third party - Interpretation of 'control of access'
Certiorari - Unreasonableness - Whether decision of development assessment panel legally unreasonable - Whether decision of assessment panels must be consistent or reconcilable - Unreasonableness a question of statutory construction
Certiorari - Discretionary considerations in respect of whether to grant a writ of certiorari - Whether refusal to grant on grounds the issue of certiorari would be an exercise in futility
Case Details
Citation[2019] WASC 200
CourtWASC
JurisdictionWestern Australia
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