Re Davison (No 2) [1997] HCA 45

Re Davison (No 2) [1997] HCA 45

Leave was granted because the amended statement of claim, unlike the earlier version, disclosed material indicating that the applicant had standing to seek relief in relation to his Administrative Appeals Tribunal application and disclosed the basis of his challenge to the validity of the Self-Government Act. Any extraneous material was not likely to cause incurable embarrassment, but leave was made conditional on joinder of the Australian Capital Territory and clarification of the Administrative Appeals Tribunal's status as a party.

Jurisdiction
Australia
Procedural Posture
Application for Leave to Issue Writ of Summons and Statement of Claim / Application Following a Direction Under O 58 R 4(3) of the High Court Rules That Process Not Be Issued Without the Leave of a Justice
Outcome
Application for leave to issue writ of summons and statement of claim granted subject to conditions.
Legal Topics
['leave to Issue Process' 'joinder of Parties' 'administrative Appeals Tribunal Jurisdiction' 'validity of Australian Capital Territory Self Government Legislation' 'access to Documents Under Freedom of Information Legislation']
['practice and Procedure' 'administrative Law' 'constitutional Law' 'freedom of Information'] ['leave to Issue Process' 'joinder of Parties' 'administrative Appeals Tribunal Jurisdiction' 'validity of Australian Capital Territory Self Government Legislation' 'access to Documents Under Freedom of Information Legislation']

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Procedural Posture

Application for Leave to Issue Writ of Summons and Statement of Claim / Application Following a Direction Under O 58 R 4(3) of the High Court Rules That Process Not Be Issued Without the Leave of a Justice

Legal Issues

  1. 1 ['Whether leave should be granted to issue a writ of summons and statement of claim after a prior direction that process not be issued without leave of a Justice.' 'Whether the amended statement of claim disclosed material indicating that the applicant had standing to seek relief with respect to his application to the Administrative Appeals Tribunal.' "Whether the amended statement of claim disclosed the basis of the applicant's challenge to the validity of the Australian Capital Territory (Self-Government) Act 1988 Cth." 'Whether the Australian Capital Territory should be joined and the status of the Administrative Appeals Tribunal as a party clarified.']

Ratio Decidendi

Leave was granted because the amended statement of claim, unlike the earlier version, disclosed material indicating that the applicant had standing to seek relief in relation to his Administrative Appeals Tribunal application and disclosed the basis of his challenge to the validity of the Self-Government Act. Any extraneous material was not likely to cause incurable embarrassment, but leave was made conditional on joinder of the Australian Capital Territory and clarification of the Administrative Appeals Tribunal's status as a party.

Court Disposition

Application for leave to issue writ of summons and statement of claim granted subject to conditions.

Orders

  • ['Application for leave to issue writ of summons and statement of claim granted subject to the condition that the Australian Capital Territory be joined as a party to the proceedings.' 'Application for leave to issue writ of summons and statement of claim granted subject to the condition that the status of the...