Stewart v Ronalds [2009] NSWCA 277

Stewart v Ronalds [2009] NSWCA 277

Decisions of the Premier and Lieutenant-Governor with respect to Ministerial commissions are not justiciable and are not subject to judicial review or obligations of procedural fairness; no duty of care is owed by the independent investigator in this context; claims in relation to Parliamentary privilege and procedural fairness concerning the first defendant left open for future argument.

Jurisdiction
Australia
Judgment Date
04 September 2009
Procedural Posture
Appeal / Determination of Separate Questions of Law on Appeal From Supreme Court Common Law Division
Outcome
Statement of claim dismissed insofar as it challenges validity of withdrawal of commissions and claims damages for duty of care; proceedings stood over for potential further argument regarding the first defendant and declaratory relief.
Legal Topics
['responsible Government' 'executive Branch Powers' 'judicial Review and Justiciability' 'procedural Fairness/natural Justice' 'duty of Care (tort)' 'parliamentary Privilege']
['constitutional Law' 'administrative Law' 'torts'] ['responsible Government' 'executive Branch Powers' 'judicial Review and Justiciability' 'procedural Fairness/natural Justice' 'duty of Care (tort)' 'parliamentary Privilege']

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Procedural Posture

Appeal / Determination of Separate Questions of Law on Appeal From Supreme Court Common Law Division

Legal Issues

  1. 1 ['Are decisions of the Premier and Lieutenant-Governor regarding Ministerial commissions justiciable and subject to judicial review?' 'Does the Premier, Lieutenant-Governor, or an independent investigator owe the plaintiff a duty of natural justice?' 'Does the independent investigator owe a duty of care at common law to the person under investigation?' 'Do the claims impermissibly call into question Parliamentary privilege under Article 9 of the Bill of Rights 1688?']

Ratio Decidendi

Decisions of the Premier and Lieutenant-Governor with respect to Ministerial commissions are not justiciable and are not subject to judicial review or obligations of procedural fairness; no duty of care is owed by the independent investigator in this context; claims in relation to Parliamentary privilege and procedural fairness concerning the first defendant left open for future argument.

Court Disposition

Statement of claim dismissed insofar as it challenges validity of withdrawal of commissions and claims damages for duty of care; proceedings stood over for potential further argument regarding the first defendant and declaratory relief.

Orders

  • ["As to the Lieutenant-Governor and Premier, answer questions 1 and 2: 'No'." "As to question 3: 'No'." 'Direct the parties to bring in short minutes of order disposing of the proceedings to the extent possible in the light of orders 1 and 2.' 'Stand the proceedings over to a date to be fixed for further argument...