Padfield v Minister of Agriculture, Fisheries and Food

Facts

Milk producers asked the minister to refer their complaint about the milk marketing scheme to a committee. He refused, partly because a finding for them might embarrass him.

Issue

Did the minister have an unfettered discretion to refuse?

Held

No. He had used his discretion to frustrate the policy and objects of the Act, so the refusal was unlawful.

Principle

Discretion must be used to promote the policy and objects of the Act, and there is no such thing as an unfettered discretion.

Why it matters

The leading case on improper purpose.

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