Egan v Willis

[1998] HCA 71
Judgment date
Case number
S75/1997
Before
Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Parliament (NSW) – Legislative Council – Powers – Non-compliance by member of Legislative Council with order for production – Suspension of member for remainder of sitting day – Whether such suspension within power.

Parliament (NSW) – Legislative Council – Functions – Superintendence of executive government.

Parliament (NSW) – Responsible government – Source – Nature.

Justiciability – Powers of Legislative Council – Existence – Occasion for exercise – Manner of exercise.

Relief – Declaration – No other remedy sought – Availability – Discretionary considerations.

Constitution Act 1902 (NSW), s 5.

Standing Rules and Orders of the Legislative Council (NSW), Standing Orders 18, 29.