Martin v Nalder

[2016] WASC 138

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

1. Judicial review - Mandamus - Application for mandamus to compel respondents to prosecute named entities associated with UberX service - Whether prosecutorial discretion is susceptible of judicial review - Whether public duty to prosecute - Whether public duty to consider whether to prosecute
1. Judicial review - Unlawful policy - Whether respondents had 'no prosecution' policy in relation to Uber - Whether policy inconsistent with statute conferring prosecutorial discretion
1. Judicial review - Standing - Locus standi for mandamus - Where applicants' livelihood and income affected - Where relief sought would affect regulation of taxi industry and applicants were directly involved in the industry
1. Judicial review - Declarations - Where applicants sought declaration that respondents had failed to prosecute Uber companies and associated persons - Where Uber companies and associated persons not party to proceedings - Whether court should make declaration affecting interests of third parties - Whether court should make declaration in relation to commission of criminal offences