A Cabinet decision to enter into a commercial contract on behalf of a statutory corporation may not be susceptible of judicial review where the decision does not affect the rights, interests or legitimate expectations of the applicant. Section 11 of the Public Corporations Act 1993 (SA) is directed at the internal operations of statutory corporations and non-compliance does not necessarily render a contract unlawful or liable to be set aside. However, the dissent provides a detailed framework for when failure to consider competitive sale processes may constitute both a failure to consider a mandatory relevant consideration and Wednesbury unreasonableness.
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