In Breakwater Pacific Pty Ltd v Chief Executive, Department of Resources [2024] QSC 107, Breakwater Pacific Pty Ltd (the applicant) sought judicial review of a decision by the Chief Executive of the Department of Resources (the respondent) to refuse the surrender of two term leases. The Supreme Court, presided by Muir J, dismissed the application for judicial review and held that Breakwater did not have standing as a person aggrieved by the decision.
Breakwater Pacific was the lessee of the Townsville Breakwater Marina under the 2012 leases which expired on 11 October 2022. Breakwater applied for surrender of these leases in November 2018, which was refused by the Chief Executive on 10 October 2022. The court evaluated several grounds including potential errors of law, irrelevant considerations, and natural justice breaches. The core issues pertained to whether the decision was made under an enactment, and if Breakwater had standing.
Muir J determined that while the decision was of an administrative character made under an enactment, Breakwater Pacific lost its standing once the leases expired post-refusal decision, as there were no ongoing legal interests that the relief sought could protect. Ultimately, Breakwater's failure to establish standing or affected interests led to the dismissal of the application.