Beranghi Co-operative Ltd v NSW Minister for Finance and Services

The case involved Beranghi Co-operative Ltd, the applicant, and the NSW Minister for Finance and Services, the respondent. The applicant sought an order of mandamus to compel the Minister to determine whether works to provide accommodation at a particular location were required. The dispute came before the Supreme Court of New South Wales. The primary issue before the court was whether the Minister was obliged to make a determination under section 7 of the Public Works Act 1912 (NSW) in response to the applicant's request. The court had to consider the language of the statute and the scope of the Minister's discretion.

The court examined the statutory provisions and determined that the Minister had a discretion to determine whether the works were required. However, the court held that the Minister was required to exercise that discretion in response to the applicant's request. The court found that the language of the statute imposed an obligation on the Minister to make a determination upon receipt of a request, unless there were exceptional circumstances that precluded such a determination. The court also noted that the Minister's discretion was not unfettered, but was subject to the requirements of the statute.

The court found in favour of the applicant and issued an order of mandamus compelling the Minister to determine whether the works were required. The court held that the Minister was obliged to exercise his discretion and make a determination in response to the applicant's request, unless there were exceptional circumstances that precluded such a determination. The court emphasised that the Minister's discretion was not absolute, but was subject to the requirements of the statute. The court's decision provides important guidance on the scope of ministerial discretion in relation to public works under the Public Works Act 1912 (NSW).