Re Patrick John Walker, Commissioner for Fair Trading;
Case
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[2003] WASC 252
Details
AGLC
Case
Decision Date
Re Patrick John Walker, Commissioner for Fair Trading; [2003] WASC 252
[2003] WASC 252
CaseChat Overview and Summary
The case involves the Fremantle Islamic Association Incorporated, who sought a writ of certiorari to quash a decision made by the Commissioner for Fair Trading, Patrick John Walker, to cancel the incorporation of the association. The court was required to determine whether the Commissioner could delegate the power to cancel incorporation to an agent and whether the steps taken by the agent were valid. The court considered whether the Commissioner could act via an agent, whether the agent had to act in the name of the Commissioner, and whether the doctrine of administrative necessity applied. The court held that the Commissioner could act via an agent, but the steps taken had to be in the name of the Commissioner. The court found that the agent had acted in the name of the Commissioner, and the decision to cancel the incorporation was valid. The order nisi was discharged.
Details
Key Legal Topics
Areas of Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Delegation of Powers
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Administrative Necessity
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Prerogative Writs or Orders
Actions
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Most Recent Citation
Lashansky v Legal Practice Board [No 2] [2010] WASC 159
Cases Citing This Decision
4
Lashansky v Legal Practice Board [No 2]
[2010] WASC 159
Re Walker;
[2003] WASC 252 (S)
Lashansky v Legal Practice Board [No 2]
[2010] WASC 159
Cases Cited
9
Statutory Material Cited
0
Re City of Joondalup; Ex Parte Mullaloo Progress Association Inc
[2003] WASCA 293
Kingham v Sutton
[2002] FCA 506
Kingham v Sutton
[2002] FCA 506