Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd

Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd,[1] is a landmark Australian judgment of the High Court. The matter related to standing of third parties with no direct involvement.

Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd
CourtHigh Court of Australia
Decided9 March 2000
Citation(s)[2000] HCA 11, (2000) 200 CLR 591
Transcript(s)
Case history
Subsequent action(s)[2001] FCA 1603, Federal Court
Court membership
Judge(s) sittingGleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ

Facts

The third party, a community group called Truth About Motorways, sought a writ of prohibition against Macquarie Infrastructure Investment Management Ltd to stop the publishing of a prospectus calling for investors in a new toll road proposal in Sydney. The prospectus, claimed Truth About Motorways, was misleading with regard to the number of cars that would use the road and sought an order compelling the publication of corrective advertising. Such action they claimed was misleading contrary to the Trade Practices Act 1974.[2]

Findings

The High Court was asked to determine whether the community group had standing, that is the legal right to bring the legal action.

The High Court of Australia found that a third party could have standing.

  • Although it has been suggested that a stranger could only obtain the remedy of prohibition at the discretion of a court (ex debito justitiae) it has never been doubted that, in a proper case, the remedy is available to a stranger, ie a person without standing in the sense of a special or personal interest. (per Kirby J at 162)
  • It is not accurate to say that for all classes of proceedings the law required that the moving party have a real, or actual, or special interest in the outcome....an absence of a special interest, or of a particular grievance does not preclude a grant of prohibition or certiorari respectively. A stranger may seek habeas corpus and quo warranto may be granted at the suit of either the Attorney-General ex officio, or any other person. (per Callinan J at 211)

The litigation was ultimately dismissed because the community group was unable to provide security for Macquarie’s legal costs,[3] but the decision is important as it established a very wide standing in matters of the public interest.

References
  1. Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd [2000] HCA 11, (2000) 200 CLR 591 (9 March 2000), High Court.
  2. Trade Practices Act 1974 (Cth) s 52 Misleading or deceptive conduct.
  3. Truth about Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited [2001] FCA 1603 (16 November 2001), Federal Court.

Environment Defenders Office. "Corporations and Environmental Campaigning Fact sheet". Archived from the original on 21 October 2012. Retrieved 9 November 2012.

Robert Sheldon SC. "Truth About Motorways Pty Ltd v Macquarie Infrastructure". Retrieved 9 November 2012.

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