Eastman v The Honourable Justice Besanko [2009] ACTSC 10 (18 February 2009)

[2009] ACTSC 10

JUDICIAL REVIEW – administrative decision made under an enactment – whether refusal to issue an order for inquiry into past conviction affects legal rights – there was no right to the issue of an order both before and after the decision was made – Wednesbury unreasonableness – whether decision is based on findings or inferences wholly unsupported by some probative material or logical grounds

HELD – the decision to refuse to order an inquiry into the conviction of the plaintiff was not a decision made under an enactment and therefore not subject to judicial review

Evidence Act 1995 (Cth) ss 84, 90, 130