Standing An applicant must have an interest affected by a dispute which gives them Standing – jurisdiction to take that interest to Court. Rarely ever an issue as the interest affected is the persons Private Interests – own and there they have standing More difficult as who has standing when an issues affects Public Interests – the “all public”? A person entity or group who has in Invoking Locus Standi (Standing) – “standing” relation to a complaint has the right to: Invoke the jurisdiction of the Court To be heard by the Court in relation to that complaint To have the complaint determined by the Court in favor of, or against, the person who has standing. Standing at *** Common Law*** A party can obtain relief where public rights or interests are involved such that: is such that some private Interference with the public right – right of the person was at the time interested with was interfered with but a person in their No Private Right – capacity with a public right has suffered special damage from the interference with the public right Per Boyce v Paddington Borough Council What is the test for damage peculiar to ‘special himself’? Australian Conversation Foundation v Commonwealth Held: is damage peculiar to ‘Special himself’ equivalent to having a interest in the subject ‘special matter of the decision’ A person has a Special Interest – ‘special interest’ if: They are like to gain some advantage if the action succeeds (other than some mere satisfaction like a ‘winning contest’) Likely to suffer some disadvantage if the action fails (other than a costs award) It is not a mere intellectual or emotional concern. Continued Next Page
Standing Standing – An applicant must have an interest affected by a dispute which gives them jurisdiction to take that interest to Court. Private Interests – Rarely ever an issue as the interest affected is the persons own and there they have standing Public Interests – More difficult as who has standing when an issues affects “all the public”? Invoking Locus Standi (Standing) – A person entity or group who has “standing” in relation to a complaint has the right to: Invoke the jurisdiction of the Court To be heard by the Court in relation to that complaint To have the complaint determined by the Court in favor of, or against, the person who has standing. Standing at *** Common Law*** A party can obtain relief where public rights or interests are involved such that: Interference with the public right – is such that some private right of the person was at the time interested with No Private Right – was interfered with but a person in their capacity with a public right has suffered special damage from the interference with the public right Per Boyce v Paddington Borough Council What is the test for ‘special damage peculiar to himself’? Australian Conversation Foundation v Commonwealth Held: ‘Special damage peculiar to himself’ is equivalent to having a ‘special interest in the subject matter of the decision’ Special Interest – A person has a ‘special interest’ if: They are like to gain some advantage if the action succeeds (other than some mere satisfaction like ‘winning a contest’) Likely to suffer some disadvantage if the action fails (other than a costs award) It is not a mere intellectual or emotional concern. Continued Next Page