Stacer300Exactly right of course. The Minista argued in circles...

Stacer300

Exactly right of course.

The Minista argued in circles back then, and they still do of course, saying that giving the Minister the power to intervene using s.111A, would stop lawyers making money hand over fist with disputes. And yet he also said that if someone's nose is put out by the Minista's decision they can go to court and challenge him. So in time, the courts will define what s.111A means.

So someone pointed out that isn't that what he was trying to prevent?

Funny world we live in.

The extract from the debate (1986) is:

This is really a sketch clause which will provide a framework within which the Minister and the Government of the day may choose to act, bearing in mind the constraints I referred to earlier, to ensure the law operates.
Gradually over time a body of precedent will be built up, as occurs with all laws, a body which will demonstrate precisely how the provision should operate...end quote.

A sketch clause?

So finally the Courts are going to get a chance to get their teeth into that 1986 challenge the Minista of the time laid down.

But the cunundrum is and will remain forever, what is/are the public interest(s) and what is/are reasonable ground(s).

And does it relate only to the application itself.

I'm expecting/guessing the 3 wise men of the Court of Appeal will decide it is all about the application itself but will decide that what is the public interest will depend on the application and the circumstances.......lol.

Now I feel like a song coming on from 20 year before s.111A came along!
====================

(D. K. Thompson, K. Gordon)

[Recorded October 18, 1966, Hollywood]

That's life (that's life),
that's what all the people say
You're ridin' high in April
shot down in May
But I know I'm gonna change that tune
When I'm back on top,
back on top in June

I said that's life (that's life),
and as funny as it may seem
Some people get their kicks stompin' on a dream
But I don't let it,
let it get me down
'cause this fine old world,
it keeps spinnin' around

I've been a puppet,
a pauper,
a pirate,
a poet,
a pawn and a king
I've been up and down and over and out and I know one thing
Each time I find myself flat on my face
I pick myself up and get back in the race

That's life (that's life),
I tell you I can't deny it
I thought of quitting, baby,
but my heart just ain't gonna buy it
And if I didn't think it was worth one single try
I'd jump right on a big bird and then I'd fly

I've been a puppet,
a pauper,
a pirate,
a poet,
a pawn and a king
I've been up and down and over and out and I know one thing
Each time I find myself layin' flat on my face
I just pick myself up and get back in the race

That's life (that's life),
that's life and I can't deny it
Many times I thought of cuttin' out but my heart won't buy it
But if there's nothin' shakin' come this here March 19th & 20th
I'm gonna roll myself up in a big ball a-and die

My, my!