Browse

Catchwords are the way in which we classify reports into a consistent taxonomy.

Remedies(4 results)

Reports matching this catchword classification

CHELFCO NINETY-FOUR PTY LTD v ROAD TRAFFIC AUTHORITYVR 1

MURPHY J·17 Aug 1984·28p·

Licensing - Passenger ferry licences - Determination of licensing authorities - "Authority" - "Appropriate authority" - Powers of licensing authorities - Delegation of powers - Transport Act 1983 (No. 9921), s2, s32, s86, s199, s201, s204.

Administrative law - Delegation - Dictation.

Administrative law - Locus standi - "Person affected" - Administrative Law Act 1978 (No. 9234), s2, s3.

Administrative law - Remedies - Discretion - Grounds for exercise.

THORNE v DOUG WADE CONSULTANTS PTY LTDVR 433

O'BRYAN J , FULL COURT: KAYE , MCGARVIE AND MARKS JJ·21 May 1985·71p·

Town and country planning - Interim Development Order - Responsible authority - Planning permit - Notice of proposed works to other persons - Relevant considerations - Effect of regard to irrelevant considerations - Unreasonable exercise of discretionary power - Town and Country Planning Act 1961 (No. 6849), s18B. .

Town and country planning - Metropolitan Planning Scheme Ordinance - Responsible authority - Planning permit - Row houses - When permission required for building works - Building works involving increase to floor space - Metropolitan Planning Scheme Ordinance, CL7(1)(d)(iii). .

Administrative law - Locus standi - Declarations - Injunctions - Private rights _ Peculiar damage arising from interference with public rights - Whether s18B(1) of the Town and Country Planning Act 1961 creates private rights - Interests of neighbours in enforcing planning laws. .

Administrative law - Remedies - Declarations - Injunctions - Discretion - Considerations relevant to exercise. .

Costs - Appeal - Whether appeal as to costs may be entertained without leave of trial judge where appeal on merits fails - Supreme Court Act 1958 (No. 6387), s39 - Rules of the Supreme Court, O.65, r1. .

Costs - Discretion to award - Considerations relevant to exercise - Bullock orders Sanderson orders.

HARMSWORTH v THE STATE CORONERVR 989

NATHAN J·9 Mar 1989·12p·

Coroners - Inquest - Powers of investigation, comment and recommendation - Extent of powers - Matters "connected with" death - Coroner's Act 1985 (No 10257), s17(1), s19(2), s21(2).

Administrative law - Remedies - Declaration - Prohibition - Whether State Coroner amenable.

DSouza v Royal Australian and New Zealand College of Psychiatrists and Others12 VR 42

[2005] VSC 161·Ashley J·18 May 2005·37p·

Administrative law - Remedies - Certiorari - Domestic tribunal - Amenability to judicial review - Specialist medical professional association - Membership - Candidate for fellowship - Consensual contractual relationship - Fellowship recognised as conferring entitlements under Commonwealth and State legislation - Examiners' decision to fail candidate - Internal review panel upholding decision - Whether examination process involved exercise of public functions - Refusal of relief on discretionary grounds - Availability of contract-based remedy - No utility in granting declaration.

Administrative law - Judicial review - Procedural fairness - Domestic tribunal - Bias - Ground inapplicable to domestic tribunal - Internal merits review process - Aggrieved party not challenging soundness of primary decision - Review tribunal not bound to exercise full extent of jurisdiction.

Contract - Restraint of trade - Scope of doctrine - Medical profession - Psychiatry - Specialist professional college - Candidate for fellowship - Candidate failed by examiners - Effect of decision - Substantial restriction on ability to practise in specialist area - Causation - Existing investigation which would have precluded candidate's election as fellow - Whether examiners' decision unreasonable - Whether continuing non-election of plaintiff to fellowship unreasonable.