it would look mc cusker is following the line from the judgment of Jacobs J in Sinclair v Mining Warden at Maryborough (1975) 132 CLR 473 at 487
when he said...."However, all the objections can be and should be related to public interest. But private interests as such are not a relevant consideration. So far as they are intended to be protected, they are specifically so protected by the Act itself."
but judges may intrepret this differently or choose to ignore the opinions of previous rulings
the west article, page-6
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