Stanbridge v the Premier of Queensland

Case

[1995] QSC 201

25 August 1995


Details
AGLC Case Decision Date
Stanbridge v the Premier of Queensland [1995] QSC 201 [1995] QSC 201 25 August 1995

CaseChat Overview and Summary

Dennis Stanbridge, an applicant, brought an application for statutory review against Wayne Goss, the Premier of Queensland, challenging the Premier's decision in Parliament not to initiate an investigation into the abortion practices of Dr. Grundmann. The applicant claimed that the Premier's decision was contrary to the applicant's moral and legal beliefs as a citizen of Australia, a resident of Queensland, and a committed Bible-believing Christian. The respondent sought to dismiss the application on various grounds under the Judicial Review Act 1991.

The court had to decide whether a statement made in Parliament by the respondent could be subject to judicial review and whether the applicant had standing to bring the application. The Solicitor General argued that a statement made in Parliament cannot be the subject of judicial review due to Parliamentary privilege. The court found that the principles established in numerous cases demonstrated that a statement in Parliament could not be reviewed, and the Judicial Review Act did not abrogate Parliamentary privilege. Furthermore, the applicant did not demonstrate that he had standing as a "person aggrieved" or that his interests were adversely affected by the matter.

The court dismissed the application for statutory review and granted the respondent's application to strike out the applicant's application. The applicant was ordered to pay the respondent's costs of and incidental to the application to be taxed. The court also dismissed the application to strike out the respondent's application under s.48 and the application purporting to be under s.686 of the Criminal Code. Finally, the subpoena served on the Crown Solicitor was discharged, and the Crown Solicitor was discharged from any obligations in respect of it.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Standing

  • Costs

  • Parliamentary Privilege

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