JSB171 Lecture 1: Week 9 - Ground - Improper Exercise - Abuse of Power & Fraud
Document Summary
Ground of jr improper exercise abuse of power & fraud. Here it is necessary to examine the following grounds: Considering each (in particular consider irrelevant & relevant considerations) May be ground for jr under [5(2)(j) and 6(2)(j) ad(jr) act (cth) or 23(j) jr act (qld)] , for abuse of power. The cl has no equivalent grounds and little case law on the area. Ground will be made out where decision is unfair, arbitrary and capricious", with unjustified discrimination against a body or party; and will be construed narrowly: sunshine coast broadcasters v duncan. Sunshine coast broadcasters v duncan, [applicant] has been, ________. Decision to include in a radio broadcaster"s licence a definition of boundaries excluding a particular shire; based on the application of a guideline designed to minimise overlapping services. Held: pincus j: decision was vitiated by inconsistency in application of the guideline it was used to defeat this applicant only, and not others similarly placed.
