King v Industrial Relations Commission of NSW

King, the applicant, sought prerogative orders of certiorari, mandamus, and prohibition against the Industrial Relations Commission of New South Wales. The dispute concerned an application made by King to the Commission for the avoidance of a franchise agreement, which was unsuccessful at first instance. The Commission had found that the contract was induced by misrepresentation but, in its discretion, refused to grant relief.

The primary legal issue before the court was whether the jurisdiction of the court to grant prerogative orders was ousted by a privative clause within the relevant legislation. A further issue was whether, even if jurisdiction was not ousted, there was a basis upon which the court could grant the requested prerogative orders, given the Commission's finding of misrepresentation and its subsequent discretionary refusal of relief.

The court determined that, notwithstanding the finding of misrepresentation, the Commission had acted within its discretion in refusing to avoid the agreement. The judges were of the view that there was no error of law on the face of the record or any other basis upon which the prerogative orders could be granted, even if the court possessed jurisdiction to grant them. Consequently, the summons seeking these orders was dismissed.