Padfield v Minister of Agriculture [1968]


  • Previously, judicial review could not be bought to address discretionary matters
  • The price paid to dairy farmers for their milk was set by the Minister of Agriculture under statutory discretion


  • Could Padfield, a farmer, challenge the price paid for milk


  • Yes, mandatory order to reconsider issued


  • Discretionary powers can be reviewed by judicial review
  • The reasons of the issue being too big for a committee to consider and a potential Parliamentary conflict were not good enough to not have an inquiry – improper use of power
RELATED CASE  Macarthys Ltd v Smith [1979]

Posted in Public Law Revision Notes.

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