ABSTRACT

In ex p R (ex rel Warringah Shire Council); Re Barnett (1967), the NSW Court of Appeal held that a decision of the NSW Governor-in-Council to dismiss a local council was not reviewable on the ground of denial of procedural fairness. However, decisions made by the Crown’s representatives have since been held to be reviewable in appropriate cases on the standard grounds of review: see, for example, Banks v Transport Regulation Board (Vic) (1968); Treasury Gate Pty Ltd v Rice (1972); R v Toohey (Aboriginal Land Commissioner) ex p Northern Land Council (1981); FAI Insurances Ltd v Winneke (1981). See also De Verteuil v Knaggs (1918).