JSB171 Lecture Notes - Lecture 1: Harry Gibbs, City Of Sydney
Document Summary
Ground of jr improper exercise improper purpose. Here it is necessary to examine the following grounds: Considering each (in particular consider irrelevant & relevant considerations) Improper exercise of power (copied in other sections only mention once) In municipal council of sydney v campbell it was made clear that a discretionary power must not be exercised for a purpose other than that for which the power was either expressly or implied conferred. To determine whether the power of [decision-maker] was improperly exercised under section ______ of [act] regard must be had to the authorised purposes of the power. Here the authorised purposes are expressed in s _____ as ____________. [here/in addition to the express purpose] there may also be purposes that are authorised by implication. To determine what these purposes may include regard must be had to the scope, subject matter and purpose of the legislation: municipal council of sydney v campbell.
