Highlights
Read the following scenario and the instructions that follows.
Some primary producers from Guadalcanal, Malaita, Western Province and Makira formed a Primary Producers Marketing Association, and agreed that the Association would have exclusive power to conduct the marketing overseas of such primary products as the management committee of the Association designated. The management committee of the Association has designated yams, taro and cassava as products subject to marketing by the Association. The Association has issued a notice requiring that all yams, taro and cassava of members of the Association which are to be marketed overseas must be placed under the control and direction of the Association.
Mr. Seke and Mr. Tala are members of the association from Guadalcanal who wish to market their taro and cassava overseas themselves. They ask you if:
(a) the designation by the management committee.
(b) the notice issued by the Association; -
could be challenged in the High Court by judicial review. You are to provide a legal opinion for Seke and Tala. [Consider only the question of jurisdiction of the High Court (whether or not the designation and the notice can be subjected to judicial review), not the grounds for judicial review]. You must provide reasons(discussions) for your opinion.
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