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Duty, of government to ascertain and obey the law

Mahenthirarasa v SRA [2008] NSWCA 101. Basten JA, Giles & Bell JJA agreeing.

His Honour noted statutory alteration of the SRA, its subsisting identity as a Crown representative, and bound to obligation of exemplary conduct in litigation, citing Mahoney J in P & C Cantarella PL v Egg Marketing Board (NSW) [1973] 2 NSWLR 366 at 383, that the duty of executive government was to ascertain and obey the law, Basten JA noting as well The Melbourne Steamship Company Ltd v Moorehead [1912] HCA 69; 15 CLR 333 at 342,Yong v Minister for Immigration and Multicultural Affairs (1997) 75 FCR 155 at 166E, Scott v Handley [1999] FCA 404; 58 ALD 373Logue v Shoalhaven Shire Council [1979] 1 NSWLR 537.

"Given its conduct in obtaining the order in its favour from the Registrar and its failure to provide assistance to the Court at either level, it is just and reasonable that the SRA should pay the appellant's costs of the proceedings, both in this Court and in the Court below," Basten JA said, infra [23].




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