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Prerogative relief

Allianz Australia Insurance Limited v Mackenzie and Anor [2012] NSWSC 1458. Johnson J.

177. The function being exercised by the Court on this claim for prerogative relief does not, of course, involve the Court substituting its own opinion for that of the original decision maker: Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; 162 CLR 24 at 40-41.

The duty and jurisdiction of the Court to review administrative action does not go beyond a declaration and enforcing of the law which determines the limits and governs the exercise of the relevant power: Attorney General for New South Wales v Quin [1990] HCA 21170 CLR 1 at 35-36.

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