Original language
English
Country
Australia
Date of text
Status
Unknown
Type of court
National - higher court
Sources
Court name
Supreme Court of Victoria
Seat of court
Melbourne
Files
Justice(s)
Dwyer, M.
Potts, I.
Abstract
This case is a preliminary hearing with which the issue of Locus Standi under the Water Act 1989 is challenge by the Respondent. The Tribunal found that Mr Paul's specific circumstances entitled him to standing to seek a review of the decision. The tribunal found that a liberal interpretation should be adopted of an applicants interests and whether they are affected but standing is not unlimited. An interest must still be established greater than that of the general public's interest in sustainable use of water. Merely objecting does not create standing. The applicant need not prove their interconnectedness to the matter at hand but standing can be determined by some prima facie assessment of the decision under review, the particular circumstances of the applicant, and the grounds of review.