Judgment
John Sidney Bodden v Civil Service Appeals Commission and The Chief Officer, Ministry of Home Affairs - Judgment
G 0177/2021; LACV 0169/2021 · 2023-10-03
Administrative Law; allegation of bias in the statutory recruitment process in s. 53 of the Public Service Management Act; whether test for apparent bias applicable to the statutory decision-making process; whether statutory tribunal making error of law; whether Court’s jurisdiction ousted by clause stating tribunal’s decision shall be final; whether tribunal proper Respondent to the application; remedies discretionary; principles governing exercise of discretion to quash decision of an inferior tribunal; when damages available as a remedy in judicial review
Full metadata
| Cause Number | G 0177/2021; LACV 0169/2021 |
|---|---|
| Court | CIGC (Civ) |
| Judge | Ramsay-Hale CJ |
| Parties | John Sidney Bodden v Civil Service Appeals Commission and The Chief Officer, Ministry of Home Affairs - Judgment |
| Judgment Date | 2023-10-03 |
| Subject | Administrative Law; allegation of bias in the statutory recruitment process in s. 53 of the Public Service Management Act; whether test for apparent bias applicable to the statutory decision-making process; whether statutory tribunal making error of law; whether Court’s jurisdiction ousted by clause stating tribunal’s decision shall be final; whether tribunal proper Respondent to the application; remedies discretionary; principles governing exercise of discretion to quash decision of an inferior tribunal; when damages available as a remedy in judicial review |
| Filename (current) | 23-10-03-John-Sidney-Bodden-v-CSAC-and-The-Chief-Officer-Ministry-of-Home-Affairs.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Public Service Management Act | 53, 54 | 2 |
| Grand Court Rules - Vol I - Orders (subordinate) | — | 1 |
| Personnel Regulations (subordinate) | — | 1 |
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