JSB171 Lecture Notes - Lecture 1: Owen Dixon, Price Fixing
Document Summary
Ground of jr improper exercise uncertainty. 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) May be ground for jr under [5(2)(h) and 6(2)(h) ad(jr) act (cth) or 23(h) jr act (qld)] , for uncertainty. There are doubts over the cl existence of this ground. Test: where the power is so uncertain that it is unable to be complied with: king gee clothing v cth; tv corp. Here [applicant] would be arguing that [the qualifications and conditions imposed by regulation make it unclear what the. A similar situation arose in [case] where the applicants were unable to comply with the regulations because they were [impossible to determine: king gee; impossible to comply with: tv corp per kitto j).
