re: awesome miller,A web site search of judgements from the WA...

re: awesome miller,
A web site search of judgements from the WA Supreme Court shows 21 cases involving 111A have gone to the Court in the last 15 years. Four of those cases......involve a relif claim against the Minister.....

http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf

but in general, the judge said:

-The wording of S111a allows the Minister wide ranging discretion.

-Court can consider quahing the Ministers' decision, because the exercise of the Minister's discretion under 111A was so unreasonable that no reasonable person exercising the discretion would have reached the same decision. (Note: indeed the judge formed an opinion on what was reasonable- my comments)

-Ministers decision should be based on conclusions that are NOT contrary to the law relating to corporations under the Corporations Law and at common law.


DYOR