Administrative law – Judicial review of administrative discretion - Jurisdictional facts - Consent of statutory authority to provisional development plan - Consent prohibited if development "non-complying" - Classification a jurisdictional fact - Whether statutory authority exceeded power - Whether weight to be accorded to opinion of statutory authority upon judicial review - Whether court restricted to evidence before statutory authority.
Courts and judges – Jurisdiction - Equity - Public law - Restraint of apprehended breach of law - Error with respect to jurisdictional fact.
Administrative law – Remedies - Error with respect to jurisdictional fact - Availability of prerogative writs and equitable remedies.
Words and phrases – "Jurisdictional fact" - "special industry" - "non-complying development".
Development Act 1993 (SA) – ss 32, 33, 35(3), 38, 44, 108.
Development Regulations (SA) – regs 16, 17, Sched 1.
Judgment date
Case number
A37/1998
Before
Gleeson CJ, Gaudron, Gummow, Kirby, Hayne JJ
Catchwords