Admin Law Cases
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CCSU v Minister for the Civil Service 1985
- Lord Diplock
- "Three grounds for review
- 1. illegality
- 2. procedural impropriety
- 3. irrationality"
Padfield v Minister of Agriculture, Fisheries and Food
Improper Purpose. Courts will ensure that decision makers do not exercise their statutory poers for purposes for which they were not intended to be used.
Minister refused to appoint comitee to reasess milk prices. Decision was based on matters not related to the policis and objects of the Act but rather for the unauthorised improper purpose of avoiding political flak.
Fiordland Venision v Minister of Agriculture and Fisheries
- Relevant/Irrelevant considerations
- Didn't grant a deer licence based on the irrelevant consideration that there would be an adverse flow on economic affect on existing suppliers.
Daganyasi v Minister of Immigration
- Mistake of Fact
- Natural Justice - report should have been disclosed, right to be heard
- Declined the overstayer becuase of medical report, which was not disclosed to them, report was wrong/misleading
Ridge v Baldwin
- Natural justice - right to be heard
- constable who was suspended
- Presumptive Bias
- Automatically Disqualified
- Only where the interest is so minimal that it would not be conceivable to exert influence
- If a party does not know of their interest
Saxmere v Wool Board
- Apparent Bias
- Longstanding personal and business relationship between parties
"so absurd that no sendible person could ever dreamt that it lay within the powers of the authority"
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