8 Dec 1989
RE A COMMITTEE OF INQUIRY
- Citation
- RE A COMMITTEE OF INQUIRY
- Court
- Court of Appeal
- Case number
- CACV17/1989
The appeal was allowed because the Instrument of appointment was defective: paragraph 3’s wording (‘as may be laid before it by the Bar Committee’) failed to confine the Committee to the specific formulated charges presented to the Chief Justice. Given the quasi‑judicial nature of the appointing function, the Chief Justice must be informed of the precise charges so his discretion is properly exercised; the defective Instrument removed the Committee’s cloak of jurisdiction and rendered the appointment unlawful and the Committee improperly constituted.