Clanwilliam Pty Ltd v Bartlett, Donald John [1984] FCA 135

Clanwilliam Pty Ltd v Bartlett, Donald John [1984] FCA 135

The proceedings were unnecessary because the statement of reasons was about to be supplied and ultimately was received prior to effective legal action, and therefore the application should be dismissed and each party should bear its own costs.

Source-derived case information.

Parties
Applicant: Clanwilliam Pty Limited; Respondent: Donald John Bartlett
Jurisdiction
Australia
Judgment Date
08 May 1984
Procedural Posture
Application for Writ of Mandamus / Judgment on Application and Costs
Outcome
Application dismissed. No order as to costs.
Legal Topics
Mandamus, Provision of Reasons for Decision, Judicial Review of Administrative Decision, Costs
Administrative Law Mandamus Provision of Reasons for Decision Judicial Review of Administrative Decision Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Clanwilliam Pty Limited

Applicant

Donald John Bartlett

Respondent

Procedural Posture

Application for Writ of Mandamus / Judgment on Application and Costs

Legal Issues

  1. 1 Whether an order for mandamus is appropriate to enforce the duty to provide a statement of reasons under sub-s. 13(2) of the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether the failure to provide reasons within statutory time constitutes a reviewable decision under the Act
  3. 3 Whether each party should bear its own costs

Ratio Decidendi

The proceedings were unnecessary because the statement of reasons was about to be supplied and ultimately was received prior to effective legal action, and therefore the application should be dismissed and each party should bear its own costs.

Court Disposition

Application dismissed. No order as to costs.

Orders

  • Application G19 of 1984 be dismissed.
  • No order as to costs.