Gary Tutorial 2 PDF

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Tutorial 2 1. Explain the decision in O’ Reilly v Mackman and whether the decision is still of any importance today in light of newer cases. The general rule established in this case is that public law decisions should be challenged by way of judicial review. Private law matters on the other hand should be dealt with by ordinary action such as originating summons. 2. Explain the difference between a public body and a private body and a hybrid body. Should the source of the power where the body has derived its power be the only criteria in determining the issue of reviewability? On the case of Tenaga Nasional Berhad v Tekali Prospecting Sdn. Bhd [2002] 3 CLJ 624, which categorized such bodies into three different separate categories, namely: (i) companies performing purely private functions but in which the government owns substantial shares(such as MAS - this type of companies are not amenable to judicial review), (ii) hybrids (such as Tenaga Nasional and Telekom Malaysia –whether they are amenable or not to judicial review depends on the nature of their acts or omission 3. Are all decisions / actions of public bodies reviewable by the courts? Matters such as security of the federation should not be reviewed. Matters regarding National Security like ISA and SOSMA are the examples that is non reviewable. Sometimes they use this exception as a shield. Matters regarding National Security like ISA and SOSMA are the examples that is non reviewable. So, like in the case of Council of Civil Service Unions v Minister for the Civil Service. Their Lordships decided that the requirements of national security outweighed the duty of fairness in this case and that the Government must have the last word in such matters. This meant that the judicial process (that is the Judicial Review) was unsuitable for reaching decisions on national security....