Federal Court of Australia
Federal Court of Australia
Singh v Minister for Government Services [2024] FCA 368 File number(s): SAD 142 of 2023
Judgment of: NESKOVCIN J
Date of judgment: 16 April 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision made under Scheme for Compensation for Detriment caused by Defective Administration – non-statutory scheme – substitution of proper respondent – whether non-statutorily based administrative actions are amenable to prerogative relief – whether the Court has jurisdiction to grant relief under s 39B of the Judiciary Act 1903 (Cth) – jurisdictional error – failure to take into account relevant considerations – error of law – procedural fairness – reasonable apprehension of bias – improper exercise of power
Legislation: Judiciary Act 1903 (Cth) ss 39B(1), 39B(1A)
Cases cited: Barnett v Minister for Health and Aged Care [2023] FCA 1139 Carltona Ltd v Commissioners of Works [1943] 2 All ER 560 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 10; (2023) 408 ALR 381 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 23 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1
Division: General Division
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