Attorney-General (NSW) v Quin

Attorney General (NSW) v Quin,[1] is a landmark Australian judgment of the High Court.

They were unsuccessful at first,[7] however the NSW Court of Appeal held that the decision of the Attorney-General not to recommend their appointment as Magistrates was void because it was made in such a way as to deny the applicants' legitimate expectations of procedural fairness.

Quin's challenge was on the basis that he had a real expectation to be reappointed which was founded in natural justice.

Brennan J held that "Judicial review provides no remedies to protect interests, falling short of enforceable rights, which are apt to be affected by the lawful exercise of executive or administrative power" and that "Judicial review has undoubtedly been invoked ... to set aside administrative acts and decisions which are unjust or otherwise inappropriate, but only to the extent the purported exercise of power is excessive and or otherwise unlawful.

"[1]: p 35 The Executive cannot by representation or promise disable itself from performing a statutory duty; this includes the adoption of, or acting in accordance with, a new policy.