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Liversidge v Anderson

Liversidge v Anderson

Case [1941] UKHL 1

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Case: [1941] UKHL 1
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Most Recent Citation

Sutherland Shire Council v Benedict Industries Pty Ltd (No 4) [2015] NSWLEC 101

Cases Citing This Decision

16

Brookfield v Registrar of Personal Property Securities [2025] FCA 591
Citation 1 (Para 36)

…e sufficient to induce that state of mind in a reasonable person. That was the point of Lord Atkin’s famous, and now orthodox, dissent in Liversidge v Anderson . (Citations omitted.) In Hoobin v Samuels (1971) 2 SASR 238, albeit in the context of a provision of the road traffic legislation, which required a member of the police force to form a certain belief “on reason…
Registrar of Personal Property Securities v Brookfield [2024] FCA 29
Citation 2

…'s famous, and now orthodox, dissent in Liversidge v Anderson . (Citations omitted.) In Hoobin v Samuels (1971) 2 SASR 238, albeit in the context of a provision of the road traffic legislation, which required a member of the police force to form a certain belief “on reasonable grounds” before subjecting a person to a breathalyser test, Walters J said, at 245: I recogni…
Fair Work Ombudsman v Pacific Security Services Pty Ltd [2021] FedCFamC2G 111
Citation 3 (Para 3)

…The High Court in Rockett also referred to the comments of Lord Atkin in Liversidge v. Anderson (1942) AC 206 and said the following: When a statute prescribes that there must be "reasonable grounds" for a state of mind - including suspicion and belief - it requires the existence of facts which are …
McDermott and Australian Securities and Investments Commission [2020] AATA 3362
Citation 4

…175; 30 ALR 559 “ The phrase ‘has reasonable cause to believe’ was considered by the House of Lords in Liversidge v. Sir John Anderson [1941] UKHL 1; 1942 A.C. 206. That case related to a claim for damages for false imprisonment which was brought about by an order made by the Home Secretary under the Defence (G…
Police v Burrows [2020] NZHC 1755
Citation 5

…NZLR 478 (emphasis added). 39 Daniel Greenberg Jowitt’s Dictionary of English Law (5th ed, Sweet & Maxwell, London, 2019). 40 Liversidge v Anderson [1941] UKHL 1, [1942] AC 206. Lord Atkin rejected the interpretation advanced by the Crown in that case, saying:…
Bulsey v State of Queensland [2015] QCA 187
Citation 6

…artens v Stokes [2013] 1 Qd R 136; [2012] QCA 36, considered New South Wales v Delly (2007) 70 NSWLR 125; (2007) 177 A Crim R 538; [2007] NSWCA 303, cited New South Wales v Riley (2003) 57 NSWLR 496, [2003] NSWCA 208, considered New South Wales v Williamson (2012) 248 CLR 417; [2012] HCA 57, considered O’Hara v…
XTWK and Australian Securities and Investments Commission [2008] AATA 703
Citation 7

…and WA Pines Pty Ltd v Bannerman (1980) 30 ALR 559 where, Lockhart J referred to the House of Lords decision in Liversidge v Sir John Anderson [1941] UKHL 1, (1942) A.C. 206. The House of Lords, in determining what was meant by the phrase has reasonable cause to believe, felt that those words in their context m…
McKinnon v Secretary, Department of Treasury [2005] FCAFC 142
Citation 8 (Para 17)

…The formation of the statutory state of satisfaction therefore refects the long line of administrative law commencing with Lord Atkin’s speech in Liversidge v Anderson (1942) AC 206 and referred to in other authorities cited by the High Court in George v Rockett. McHugh and Gummow JJ said in Re Minister for Immigration and Mul…
Wilson v State of New South Wales [2001] NSWSC 869
Citation 9

…ch 1997 George v Rockett (1990) 170 CLR 105 at 115-116 Elcham v Commissioner of Police and Ors [2001] NSWSC 614, 27 July 2001, unreported, at para 39 Liversidge v Anderson (1942) AC 206 at 226-228 Hillman v Black (1996) 67 SASR 470 M (A Minor) v Newham (1995) 2 AC 633 at 681 CLT v Connon (2000) Aust Tort Reports 63, 980 TC v Y…
George v Rockett [1990] HCA 26
Citation 10

…8. When a statute prescribes that there must be "reasonable grounds" for a state of mind - including suspicion and belief - it requires the existence of facts which are sufficient to induce that state of mind in a reasonable person. That was the point of Lord Atkin's famous, and now orthodox, dissen…
Bradley v the Commonwealth [1973] HCA 34
Citation 11

…16. It is apparent that R. v. Arndel (1906) 3 CLR 557 is quite distinguishable from the present case and for that reason it is unnecessary to express any opinion as to the correctness of the grounds on which the majority based their decision. It may, however, be remarked that although the power give…
Testro Bros Pty ltd v Tait [1963] HCA 29
Citation 12

…9. Of course it is not every statutory power to do an act to the prejudice of another which is quasi-judicial. (It is convenient to use that somewhat loose expression while not disagreeing with the warnings which it evoked from Lord Greene M.R. in Johnson &Co. v. Minister of Health (1947) 2 All ER 3…
Jacobi v United States of America [1996] FCA 962
Citation 13

…And in that respect the Court referred to the dissenting judgment of Lord Atkin in Liversidge v Anderson (1942) AC 206 and cases following it. There at issue was the extent of the discretion, and therefore the reviewability of the decision made, of the Secretary of State. The provision in question required that he have reasona…
Donaldson v Broomby [1982] FCA 53
Citation 14

…As initially enacted, the Commonwealth Crimes Act, 1914 ("the Act") contained no provision conferring or defining powers of arrest without warrant. Such a provision was introduced when s.8A was inserted in the Act by amendment in 1926. In its original form, s.8A dealt with the power of a constable t…
Environment Protection Authority v Minto Recycling Pty Ltd [2019] NSWLEC 193
Citation 15 (Para 65)

…In Liversidge v Anderson [1941] UKHL 1; [1942] AC 206, at 245, Lord Atkin cited this passage with approval when discussing what he considered was a forced and unrealistic approach to construction of words.…
Sutherland Shire Council v Benedict Industries Pty Ltd (No 4) [2015] NSWLEC 101
Citation 16 (Para 4)

…ower in the case of delegated legislation”: see now O Jones, Bennion on Statutory Interpretation (6th ed 2013), p 238. In Liversidge v Anderson [1941] UKHL 1http:// [1942] AC 206http:// at 223, Viscount Maugham said, of an argument resembling that of the EPA, that (references omitted): “Orders in Council making…

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