Oates, Anthony Gordon v The Honourable Daryl Williams QC in his Capacity as Attorney-General & Anor [1998] FCA 136

Oates, Anthony Gordon v The Honourable Daryl Williams QC in his Capacity as Attorney-General & Anor [1998] FCA 136

The Minister was not under a legal obligation to afford procedural fairness to the applicant by providing an opportunity to be heard before consenting to the institution of criminal proceedings under s 1316. There was also insufficient evidence that the Minister failed to take into account any relevant considerations when providing consent.

Parties
Applicant: Anthony Gordon Oates; First Respondent: The Honourable Daryl Williams QC in his capacity as the Attorney General of the Commonwealth of Australia; Second Respondent: Senator, The Honourable Amanda Vanstone in her capacity as the Minister for Justice for the Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
27 February 1998
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed. Applicant to pay respondents' costs.
Legal Topics
Judicial Review, Procedural Fairness, Ministerial Consent to Prosecution, Relevant Considerations in Administrative Decisions
Administrative Law Criminal Law Corporations Law Judicial Review Procedural Fairness Ministerial Consent to Prosecution Relevant Considerations in Administrative Decisions

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Parties

Anthony Gordon Oates

Applicant

The Honourable Daryl Williams QC in his capacity as the Attorney General of the Commonwealth of Australia

First Respondent

Senator, The Honourable Amanda Vanstone in her capacity as the Minister for Justice for the Commonwealth of Australia

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Was the Minister for Justice required to afford the applicant procedural fairness before consenting under s 1316 of the Corporations Law to the institution of criminal proceedings?
  2. 2 Did the Minister for Justice fail to take into account relevant considerations in giving consent, particularly regarding prejudice to the applicant and the reasons for prosecutorial delay?

Ratio Decidendi

The Minister was not under a legal obligation to afford procedural fairness to the applicant by providing an opportunity to be heard before consenting to the institution of criminal proceedings under s 1316. There was also insufficient evidence that the Minister failed to take into account any relevant considerations when providing consent.

Court Disposition

Application dismissed. Applicant to pay respondents' costs.

Orders

  • The application is dismissed.
  • The applicant pay the respondents' costs.