Auckland Harbour Board v The King

JurisdictionUK Non-devolved
CourtPrivy Council
Judgment Date1924
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62 cases
  • Attorney General Appellant v Martinus Francois Respondent [ECSC]
    • St Lucia
    • Court of Appeal
    • 29 March 2004
    ...v The Queen 8 Commercial Cable Co. v Government of Newfoundland 9 Mackey v Attorney General for British Columbia 10 Auckland Harbour Board v The Leing 11 Attorney General v Great Southern & Western Railway Co. of Ireland 12 New South Wales v Bardolph 13 53 Mr. Francois' argument is......
  • School Facility Management Ltd v Governing Body of Christ the King College
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 7 May 2020 rights ( Kleinwort Benson Ltd v Lincoln City Council [1999] 2 AC 349) or under the principle in Auckland Harbour Board v The King [1924] AC 318 that ultra vires payments by a public body are recoverable in unjust 455 The only defence advanced to the College's claim in unjust enrichmen......
  • Woolwich Equitable Building Society v Commissioners of Inland Revenue
    • United Kingdom
    • House of Lords
    • 20 July 1992
    ...Crown pays money out of the consolidated fund without authority, such money is ipso facto recoverable if it can be traced: see Auckland Harbour Board v. The King [1924] A.C. 318. It is true that the claim in such a case can be distinguished as being proprietary in nature. But the compariso......
  • Murli Mirchandani v The Lord Chancellor
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 October 2020
    ...requirement of clear statutory authority for public expenditure. As it was put by Viscount Haldane in Auckland Harbour Board v. The King [1924] A.C. 318, 326: “it has been a principle of the British Constitution now for more than two centuries … that no money can be taken out of the Consoli......
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3 books & journal articles
  • The use and Enforcement of Soft Law by Australian Public Authorities
    • United Kingdom
    • Federal Law Review Nbr. 42-1, March 2014
    • 1 March 2014
    ...245 Creyke and McMillan, above n 76, 218. 246 Auckland Harbour Board v R [1924] AC 318, ('Auckland Harbour'). 247 And unreviewable under the ADJR Act: Smith v Oakenfull (2004) 134 FCR 413. 248 The CDDA Scheme is administered under the terms of Commonwealth Department of Finance and Deregula......
  • The Interaction of Contract and Executive Power
    • United Kingdom
    • Federal Law Review Nbr. 31-3, September 2003
    • 1 September 2003
    ...52 CLR 455. 5 Kidman v Commonwealth (1925) 37 CLR 233; New South Wales v Bardolph (1934) 52 CLR 455. 6 Auckland Harbour Board v The King [1924] AC 318; Commonwealth v Burns [1971] VR 825; Commonwealth v Thomson (1962) 1 CCR (Vic) 37; Attorney-General v Gray [1977] 1 NSWLR 406; Sandvik Austr......
  • Re-invigorating the accountability and transparency of the Australian government's expenditure.
    • Australia
    • Melbourne University Law Review Vol. 32 Nbr. 3, December 2008
    • 1 December 2008
    ...Financial Management and Accountability Act 1997 (Cth) s 30A. See also ibid 36-7. (131) Notably, Auckland Harbour Board v The King [1924] AC 318, 326 (Viscount Haldane) is commonly cited as authority for the proposition that an 'appropriation made by law' is necessary: see, eg, Combet v Com......

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