Ferdinands v Attorney-General of South Australia (Sitting in Executive Council)

In the case of Ferdinands v Attorney-General of South Australia (Sitting in Executive Council), the applicant, Ferdinands, sought permission to commence an action for judicial review against the decision of the Attorney-General and the Executive Council to appoint a Judge to the Supreme Court of South Australia. The applicant alleged that the Attorney-General defrauded Cabinet/Executive Council in the decision to recommend a Judge for appointment, and sought an order by way of certiorari to quash the decision. The central legal issues that the court had to decide included whether the applicant had a reasonable basis to be granted permission to institute proceedings for judicial review, and whether the applicant had standing to bring the action.

The court determined that the applicant did not have a reasonable basis to be granted permission to institute proceedings for judicial review. The court found that the applicant lacked standing (locus standi) to institute the proceedings, as there was no sufficient interest either in his capacity as an individual or in the public interest. The court also concluded that the processes undertaken by the Attorney-General, Cabinet, and the Executive Council in relation to the recommendation and appointment of Judges to the Supreme Court were non-justiciable in the circumstances. Furthermore, the court found that there was an inadequate factual foundation to support the allegations made, particularly the claim that the Attorney-General defrauded Cabinet/Executive Council. As a result, the court refused the applicant's request for permission to commence the action for judicial review.

The court's reasoning and outcome indicate that the applicant's allegations were not sufficient to establish standing, and the processes involved in the appointment of Judges to the Supreme Court were not subject to judicial review. The court's decision highlights the importance of demonstrating a sufficient interest and a reasonable basis for seeking judicial review, as well as the limitations on the scope of judicial review in administrative law matters.