NEW SOUTH WALES MEAT INDUSTRY AUTHORITY v RANDALL and ANOR [1994] NSWCA 228

NEW SOUTH WALES MEAT INDUSTRY AUTHORITY v RANDALL and ANOR [1994] NSWCA 228

Certiorari should be granted to quash the District Court orders as the New South Wales Meat Industry Authority received no proper notice of the hearing; the requirements of natural justice were not satisfied, s146 of the Justices Act 1902 does not bar relief in these circumstances, and there was no hearing on the...

Source-derived case information.

Parties
Applicant: NEW SOUTH WALES MEAT INDUSTRY AUTHORITY; First Respondent: Brian James Randall; Second Respondent: ANOR (Second Respondent)
Jurisdiction
Australia
Judgment Date
20 April 1994
Procedural Posture
Appeal / Judgment on Application for Certiorari From District Court Order
Outcome
Application for certiorari granted; orders of District Court quashed; costs against first respondent.
Legal Topics
Prerogative Relief, Natural Justice, Notice of Hearing, Privative Clauses, Certiorari, Double Jeopardy
Administrative Law Criminal Law Procedure Prerogative Relief Natural Justice Notice of Hearing Privative Clauses Certiorari +1 more

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Parties

NEW SOUTH WALES MEAT INDUSTRY AUTHORITY

Applicant

Brian James Randall

First Respondent

ANOR (Second Respondent)

Second Respondent

Procedural Posture

Appeal / Judgment on Application for Certiorari From District Court Order

Legal Issues

  1. 1 Whether certiorari should be granted to quash District Court orders made without notice to the applicant
  2. 2 Effect of s146 (privative clause) of the Justices Act 1902 on availability of certiorari
  3. 3 Construction and effect of s122 and s122(2C) of the Justices Act 1902 regarding notice

Ratio Decidendi

Certiorari should be granted to quash the District Court orders as the New South Wales Meat Industry Authority received no proper notice of the hearing; the requirements of natural justice were not satisfied, s146 of the Justices Act 1902 does not bar relief in these circumstances, and there was no hearing on the merits to invoke double jeopardy.

Court Disposition

Application for certiorari granted; orders of District Court quashed; costs against first respondent.

Orders

  • Certiorari granted.
  • First respondent to pay costs of applicant and second respondent.