cases

Question 1

(intro) what does the case of Evans say?

Answer 1

judicial review is concerned with decision-making processes unlike appeal which is concerned with the correctness of a decision

Question 2

what does the CCSU case say?

Answer 2

lord Diplock identified 3 grounds of judicial review; illegality, unreasonableness and procedural impropriety

Question 3

(policy) what does the case of Pub Charity say?

Answer 3

adopting a fixed rule of policy must promote the statutory purpose

Question 4

(illegality - policy) why did the case fail in Findlay?

Answer 4

minister had to have regard to public interest (prisoners)

Question 5

what ground is abdicating a statutory discretionary power under?

Answer 5

illegality

Question 6

what ground is abuse of discretionary power under?

Answer 6

illegality

Question 7

(purpose) what does the case of Padfield say?

Answer 7

discretions always controlled by statutory purpose

Question 8

municipal council of sydney is under what ground?

Answer 8

improper purpose - abuse of discretionary power - illegality

Question 9

(purpose) what did the case of Ireland say?

Answer 9

ulterior purposes permitted if they do not frustrate the policy

Question 10

adopted policy did not promote statutory purpose in what case?

Answer 10

pub charity

Question 11

what does the case of Greyhound say in regard to right to legal rep?

Answer 11

there is a general right of legal rep if livelihood or reputation at stake

Question 12

what does ex parte Tarrant say in regard to right to legal rep?

Answer 12

5 matters decision-makers should have regard to when determining whether or not someone should have legal representation

Question 13

what is the case on disclosure of relevant material?

Answer 13

daganayasi - relevant material must be disclosed so the other party is given opportunity to correct

Question 14

what does the case of Awatare say in regard to reasons for adverse decisions?

Answer 14

there is no general duty to give reasons

Question 15

“the giving of reasons is one of the fundamentals of good administration” is from what case?

Answer 15

Breen

Question 16

Lewis v Wilson and Hortons said?

Answer 16

3 reasons why judges should give reasons =
1. uphold justice
2. protect against judges giving wrong decisions
3. need to retain basis in which to test lawfulness of decision.

Question 17

what did the case of Jones say in regard to reasons?

Answer 17

reasons must be given if personal liberty or basic rights are at stake

Question 18

what case says the duty to give reasons is flexible?

Answer 18

Baker

Question 19

what is the rule on prior notice?

Answer 19

must be a good notice of hearing

Question 20

what is a case on prior notice?

Answer 20

D v M

Question 21

what does the case of Osborn say in regard to a right to a hearing?

Answer 21

may not dispense with an oral hearing simply to save time