Private Law Theory

Abstract:
It is unclear whether an Australian body politic could ever gain standing to sue in the tort of misfeasance in public office. Throughout the common law world, the question of a state’s standing to sue in the tort has only arisen for judicial determination in the State of Belize. The Caribbean Court of Justice ultimately held that the State of Belize could properly plead the tort as against its own public officials. In this article, it is suggested that Australian courts will likely come to the same conclusion if ever an Australian state were to rely upon the tort of misfeasance in public office.

Anna Holmes, Will Australia Courts Move To A Caribbean Beat? The Question Of A State’s Standing To Sue In The Tort Of Misfeasance In Public Office, University of Western Australia Law Review vol 41(1) (November 2016).

First posted 2017-01-03 08:44:01