The power to dismiss judicial review applications summarily under s 48(1)(a) of the Judicial Review Act 1991 (Qld) is a broad one that should not be read down by reference to paragraphs (b)-(d) of s 48(1). It can be exercised even where error by the decision-maker is demonstrated, but will not be appropriate where there is a real and continuing dispute between the parties about the scope of the decision-maker's power. Leave to appeal under s 48(5) does not require demonstration of an important question of law or substantial injustice as necessary prerequisites; the court retains flexibility to consider the combination of circumstances in each case.
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