Sentences with phrase «proper exercise of discretion»

Mr Justice Walker said that one difficulty with this was that (assuming that it was open to the chief executive to delegate the requisite concurrence and that he did so delegate): «One would have expected the council to have produced some evidence that an individual had applied his or her mind to the question: should I concur in the making of this order on behalf of the chief executive on the basis that making this order is a proper exercise of discretion, not merely in the legal sense, but on the merits?»

He accepted D's argument that, even if C had succeeded, under CPR 44.2, the proper exercise of discretion ought to lead to C recovering significantly reduced costs and D recovering a substantial proportion of its costs.

Decisions made by Prosecutors about consenting to or opposing release made in the proper exercise of their discretion will be supported by the Attorney General.

Meanwhile the CA has made clear that it does not wish to hear appeals where the issue to be determined is whether or not there had been proper exercise of discretion.

They held that the presiding judge had made an order that contemplated disclosure of an informant's identity to defence counsel but that the order was made in a proper exercise of discretion under section 37 (5) of the Canada Evidence Act, which permits disclosure of information that is subject of a section 37 (1) certification where the public interest in disclosure outweighs the public interest specified by the Crown.

The guide is intended to be of help and assistance to judges but not as a substitute for the proper exercise of their discretion having heard argument on the issues to be decided.

We do not think that it is proper, we do not think that it is the proper exercise of the discretion given to him under the constitution.»

Not exact matches

57 (3) Where the court orders that costs be assessed as special costs, the registrar shall allow those fees that the registrar considers were proper or reasonably necessary to conduct the proceeding to which the fees relate, and, in exercising that discretion, the registrar shall consider all of the circumstances, including,

Justice Brown found that the whether or not the court should exercise its discretion to hear a moot appeal, is guided by the following test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the proper limits of its law - making function in order to avoid intrusions into the role of the legislative branch.

MYSTERY # 1 Answer: Isn't the presumption - on - appeal just another way of saying that abuse of discretion review applies — per Stevens — and that sentencing within the guidelines is presumptively a reasoned exercise of discretion, given all the reasoning behind the guidelines, at least where all the proper procedural steps were taken by the district court at sentencing?

Teare J concluded, obiter, that even if he was found to have erred in his findings on the jurisdictional gateways, he considered that this was not a proper case in which the court should exercise its discretion and order service out of the jurisdiction due to the risk as to whether such an order would be enforceable in the UAE or indeed, consistent with UAE law.

The proper approach is more consistent with the goals of s. 25 (1) of the Immigration and Refugee Protection Act and focuses more on the equitable underlying purpose of the humanitarian and compassionate relief application process, seeing the words in the Guidelines as being helpful in assessing when relief should be granted in a given case, but without treating them as the only possible formulation of when there are humanitarian and compassionate grounds justifying the exercise of discretion.

They are attributable to the way in which successive ministers have chosen to exercise their discretion and in the way they have abnegated responsibility for the proper supervision of the MIB.

The appropriate exercise of prosecutorial discretion is fundamental to the proper functioning of the bail process.

The refusal to transfer the proceedings was based on a proper exercise of the motion judge's discretion after he considered the balance of convenience to the parties.

If the proper exercise of the Court's discretions to dismiss pursuant to Order 20 or Order 35A, or pursuant to its residual discretion, does not support the dismissal of a native title application, there should be no other basis on which the application is liable to be dismissed.