R v Arndel

The High Court of Australia considered the application of R v Arndel, brought by the applicant seeking orders of mandamus and certiorari against the Postmaster-General. The dispute concerned the Postmaster-General's refusal to register or deliver certain letters addressed to the applicant, purportedly on the grounds that the applicant was engaged in a fraudulent or immoral business.

The central legal issues before the Court were whether the Postmaster-General had the power to refuse to register or deliver letters under section 57 of the *Post and Telegraph Act 1901* on the stated grounds, and if so, whether the exercise of this power was subject to judicial review. Specifically, the Court had to determine if the Postmaster-General's decision was a judicial act amenable to certiorari, and if there was a legal duty to carry or deliver letters that could be enforced by mandamus.

The Court held that the power conferred by section 57 of the *Post and Telegraph Act 1901* was a discretionary power vested in the Postmaster-General. Griffith C.J. reasoned that the Act did not impose a duty on the Postmaster-General to register or deliver letters in all circumstances, but rather granted him a discretion to refuse in cases of fraudulent or immoral business. The Court further determined that the Postmaster-General's decision in this regard was not a judicial act, but an administrative one, and therefore not subject to review by certiorari. Consequently, mandamus would not lie to compel the Postmaster-General to register or deliver the letters, as there was no existing legal duty to do so in the face of his discretionary refusal.

The application for both mandamus and certiorari was dismissed.