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Council of Civil Service Unions v Minister for the Civil Service

Council of Civil Service Unions v Minister for the Civil Service

Case [1984] UKHL 9

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Case: [1984] UKHL 9
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Most Recent Citation

Matson v Racing Appeals Tribunal [2001] VSC 264

Cases Citing This Decision

26

Curtis v Harden Shire Council [2012] NSWSC 757
Citation 1

…06 CLR 512 Bromley London Borough Council v Greater London Council (1983) 1 AC 768 at 721 Commonwealth v Pharmacy Guild of Australia (1989) 91 ALR 65 Council of Civil Service Unions v Minister for the Civil Service (1985) AC 374 at 410 Curtis v Harden Shire Council [2012] NSWSC 84 Firth v Latham [2007] NSWCA 40 Flounders v Millar [2007] NSWCA 238 Jones v Dunkel (1959)…
Allianz Australia Insurance Ltd v Roads and Traffic Authority of New South Wales [2010] NSWCA 328
Citation 2

…69 CLR 379; Commonwealth of Australia v Pharmacy Guild of Australia (1989) 91 ALR 65; Council of Civil Service Unions v Minister for the Civil Service (1985) AC 374; General Electric Co (of USA) v General Electric Co Ltd (1972) 1 WLR 729; Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Life-stock Corporation (1990) 96 ALR 153; Firth v Latham [2007] NSWC…
Cyno Pty Ltd and Australian Fisheries Management Authority and or S [2004] AATA 203
Citation 3

…D 634 Rokobatini v the Minister for Immigration and Multicultural Affairs (1999) 90 FCR 583 Attorney General v Quin 170 CLR 1 Council of Civil Service Unions v Minister for the Civil Service (1985) AC Kioa v. West (1985) 159 CLR 550 Re Vaitaiki v Minister For Immigration and Ethnic Affairs (AAT No. 10526, 14 November 1995) Haoucher v Minister for Immigration and Ethnic…
Hutchinson v Roads and Traffic Authority [2000] NSWCA 332
Citation 4

…995) 184 CLR 163; R v Lord President of the Privy Council; ex parte Page (1993) AC 682; Stollery v Greyhound Racing Control Board (1972) 128 CLR 509; Council of Civil Service Unions v Minister for the Civil Service (1985) AC 374, referred to. DECISION ON QUESTION OF LAW - Metropolitan Water Sewerage and Drainage Board v Histon (1982) 2 NSWLR 720; Clisdell v Commissione…
Bignell v New South Wales Casino Control Authority [2000] NSWCA 38
Citation 5

…trast to the limited reach of certiorari; and Council of Civil Service Unions v Minister for the Civil Service (1985) 1 AC 374 at 408 where Lord Diplock said: ‘Judicial review … provides the means by which judicial control of administrative action is exercised’ (emphasis added). Use of the word in this context is discussed in Woss v Jacobsen (1985) 60 ALR 313.” 113 On…
Craig v South Australia [1995] HCA 58
Citation 6

…10 See, eg, Stollery v Greyhound Racing Control Board (1972) 128 CLR 509; Council of Civil Service Unions v Minister for the Civil Service (1985) AC 374.…
Ainsworth v Criminal Justice Commission [1992] HCA 10
Citation 7

…5. The answer to this question depends at base on the principle that any person who purports to exercise an authority conferred by statute must act within the limits and in the manner which the statute prescribes and it is the duty of the court, so far as it can, to enforce the statutory prescriptio…
Annetts v McCann [1990] HCA 57
Citation 8

…4. True it is that a remedy by way of judicial review may protect "legitimate expectations", in the sense of interests which do not amount to legal rights, powers or privileges. That was the sense in which the term was first used, as Dawson J. pointed out in Haoucher v. Minister for Immigration and …
Haoucher v Minister for Immigration and Ethnic Affairs [1990] HCA 22
Citation 9

…14. The requirements of procedural fairness are not, however, confined to the protection of rights or legitimate expectations. A hearing may be required because of a past practice of consultation or a promise or assurance previously given that a hearing would occur: Council of Civil Service Unions v…
Attorney-General (NSW) v Quin [1990] HCA 21
Citation 10

…29. Notwithstanding the criticism that has been levelled at the concept of "legitimate expectation" since it was first introduced by Lord Denning M.R. in Schmidt v. Secretary of State for Home Affairs (1969) 2 Ch 149, as a foundation for attracting a duty of procedural fairness, the concept has been…
Kioa v West [1985] HCA 81
Citation 11

…29. The reference to "legitimate expectation" makes it clear that the doctrine applies in circumstances where the order will not result in the deprivation of a legal right or interest. Take, for example, an application for a renewal of a licence where the applicant, though he has no legal right or i…
Puglisi, Joseph v Australian Fisheries Management Authority [1996] FCA 618
Citation 12

…Council of Civil Service Unions v Minister for the Civil Service (1985) AC 374, considered…
Zi, C.Z. v Minister for Immigration & Ethnic Affairs [1994] FCA 145
Citation 13

…Council of Civil Service Unions v Minister for The Civil Service (1985) AC 374…
Waters, J.B. v The Acting Administrator of the Northern Territory [1993] FCA 968
Citation 14

…Council of Civil Service Unions v Minister for the Civil Service (1985) 1 AC 384…
Minister for Resources v Dover Fisheries Pty Ltd [1993] FCA 522
Citation 15

…the European Economic Community. What is urged is a further development in English administrative law, which Lord Diplock viewed as a possibility in Council of Civil Service Unions v Minister for the Civil Service (1985) AC 374, 410. In his written submissions, Mr Lester was at pains to record . . . that 'There is a clear distinction between an appeal on the merits an…
Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd [1993] FCA 46
Citation 16

…The Judge then considered whether there had been an "unreasonable" exercise of power. After referring to the discussion by Lord Diplock in Council of Civil Service Unions v Minister for the Civil Service (1985) 1 AC 374 and, in particular, "irrationality" in the sense of "Wednesbury unreasonableness" (Associated Provincial Picture Houses Ltd. v Wednesbury Corporation (…
Austral Fisheries P/L v Minister for Primary Industries & Energy [1992] FCA 529
Citation 17

…atistical fallacy amounted, without more, to the exercise of a power so unreasonably, that no reasonable person could have so exercised the power. In Council of Civil Service Unions v Minister for the Civil Service (1985) 1 AC 374 Lord Diplock, when discussing the grounds upon which administrative action is subject to control by judicial review, used "irrationality" to…
Commonwealth v Pharmacy Guild of Australia [1989] FCA 797
Citation 18

…In the present case, there may be something to be said for the view that the Tribunal has not omitted the second tier adjustments from account; rather it has given them little or no weight. If that be the correct view of what the Tribunal did, then I think that this is a case where it is appropriate…
Minister of Immigration & Ethnic Affairs, v Chan, Y.K. [1988] FCA 373
Citation 19

…The circumstances in which the exercise of a discretionary power will be held to have been so unreasonable that no reasonable person could have so exercised the power have been referred to in a number of authorities. The language in which the test is expressed varies but, in essence, they are to the…
Buffier, B.L. v Bowen, L.F [1988] FCA 12
Citation 20

…The reference to 'legitimate expectation' makes it clear that the doctrine applies in circumstances where the order will not result in the deprivation of a legal right or interest. Take, for example, an application for a renewal of a licence where the applicant, though he has no legal right or inter…
Sydney Training Depot Snapper Island Ltd v Brown, J [1987] FCA 570
Citation 21

…f public law, that is to say in cases where a person is considering the exercise of a power conferred by a statute or by the royal prerogative -- see Council of Civil Service Unions v Minister for the Civil Service (1985) 1 AC 374 and Cohen v Peko-Wallsend Limited (Full Court, 7 September 1987, not yet reported). The concept of natural justice has no application to a c…
Conyngham, P. v Minister for Immigration & Ethnic Affairs [1986] FCA 283
Citation 22

…phens (1981) 2 NSWLR 697, Rex v Torquay Licensing Justices; ex parte Brockman (1951) 2 KB 784, Humby v Woollahra Municipal Council (1974) 10 LGRA 56, Council of Civil Service Unions v Minister for the Civil Service (1985) 1 AC 374, Hamblin v Duffy (1981) 34 ALR 333, Turner v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 388, Pearce v Button (7 March 1986, n…
Idonz Pty Ltd v National Capital Development Commission [1986] FCA 213
Citation 23

…Council of Civil Service Unions v. Minister for the Civil Service (1985) 1 A.C. 374 cons.…
Colpitts v Australian Telecommunications Commission [1986] FCA 1
Citation 24

…Ashfield Municipal Council v. Joyce (1978) AC 122 Council of Civil Service Unions v. Minister for the Civil Service (1985) 1 AC 374 Browne v. Commissioner for Railways (1935) 36 SR(NSW) 21 Calvin v. Carr (1980) AC 574 Twist v. Randwick Municipal Council (1976) 136 CLR 106 Ridge v. Baldwin (1964) AC …
Reid, C.K. v Nairn, W.I [1985] FCA 165
Citation 25

…However, in Council of Civil Service Unions v. Minister for the Civil Service (1984) 3 WLR 1174, Lord Fraser said at 1187:…
Matson v Racing Appeals Tribunal [2001] VSC 264
Citation 26 (Para 1)

…Various tests have been quoted. Lord Diplock in Council of Civil Service Unions v Minister for the Civil Service (1985) 1 AC 374 at 410 said –…

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