Scott v Handley [1997] FCA 1070

Scott v Handley [1997] FCA 1070

It was an error for the primary judge to conclude, as a matter of law, that damages were not available as a remedy when mandamus was sought under s 39B(1) of the Judiciary Act 1903 (Cth). The question depends on the scope of 'the matter' properly before the Court.

Jurisdiction
Australia
Judgment Date
03 October 1997
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['remedies Under S 39 B of the Judiciary Act 1903 (cth)' 'availability of Damages When Mandamus Is Sought' 'federal Jurisdiction and Associated Matters']
['administrative Law'] ['remedies Under S 39 B of the Judiciary Act 1903 (cth)' 'availability of Damages When Mandamus Is Sought' 'federal Jurisdiction and Associated Matters']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether damages are available as a remedy when mandamus is sought under s 39B(1) of the Judiciary Act 1903 (Cth)' 'Whether the primary judge erred in striking out the claim for damages']

Ratio Decidendi

It was an error for the primary judge to conclude, as a matter of law, that damages were not available as a remedy when mandamus was sought under s 39B(1) of the Judiciary Act 1903 (Cth). The question depends on the scope of 'the matter' properly before the Court.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed.' 'The order made on 10 April 1997 striking out paragraph 4 of the application is set aside.' "The second respondent's notice of motion filed 3 April 1997 is remitted to the trial judge for further consideration as appropriate." "The second respondent pay the appellants' costs of the appeal...