DENNIS WEINEL v HER HONOUR HELEN PARSONS AND FRANC BLAZEVIC No. SCGRG 94/139 Judgment No. 4678 Number of pages - 5 Prerogative writs - mandamus, prohibition and certiorari - writs and orders (1994) 62 SASR 501

(1994) 62 SASR 501; [1994] SASC 5155

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Prerogative writs
4. › Discretion to refuse relief
5. › Availability of alternative remedy
6. › Whether unexhausted right of appeal precludes judicial review
7. › Industrial Relations Act (SA), s 92(3), s 93
1. Administrative Law
2. › Judicial review
3. › Prerogative writs
4. › Discretion to refuse relief
5. › Exception where important question of principle requires correction
6. › Privative clause protecting Full Industrial Court decisions

Quick Take

Judicial review of a decision of a single judge of the Industrial Court will ordinarily be refused where the applicant has not exhausted the right of appeal to the Full Industrial Court, even where a privative clause protects Full Industrial Court decisions from non-jurisdictional review. An exception may exist where an erroneous decision on an important question of principle requires correction and the appellate tribunal is unlikely to correct the error.