JR - remedies

Question 1

what do the court have in relatoon to remedies

Answer 1

discretion

Question 2

what is assumed upon a successful jr claim

Answer 2

that a remedy will follow a successful application

Question 3

what are the 5 different type of remedies

Answer 3

1. centiorari
2. mendamus
3. prohibition
4. injuction
5. declaration

Question 4

what is centiorari

Answer 4

quashes the decsion as if it had never been made

most common

Question 5

what is mandamus

Answer 5

quashes the decsion and the decsion-maker must remake it in accordance with the paper legal process

Question 6

what is prohibition

Answer 6

prohibits the decsion maker from making the decsion (most used with bias)

Question 7

what is an injunction

Answer 7

orders that a decsion cant be made until the court hears it

Question 8

what is declaration

Answer 8

states the legal position (usually that an excercise of power is ultra vires with no further legal consequences)

Question 9

what will remedies never be unless nzbora is involved

Answer 9

financial

Question 10

what is the case relating to remedies

Answer 10

air nelson ltd v minister of transport

Question 11

air nelson ltd v minister of transport

Answer 11

presumption of remedies that is quite difficult to displace, but they are discretionary

Question 12

air nelson ltd v minister of transport

factors to consider for remdies

Answer 12

• The need for effective administration.
• Any delays or bad behavior by the claimant.
• The impact on third parties.
• The effect on the business community or industry.
• The usefulness of providing a remedy.