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15 marksJudicial Review and Administrative Law

CAPE Law Unit 1 · 2009 · Paper 2 · Question 6(a)

Clarke, Comptroller of Customs, has statutory discretion to grant import licences. Davis applies to import a car. Ellis, Minister of Trade, opposes Davis and instructs Clarke not to grant the licence, and Clarke consequently refuses Davis's application.

With reference to decided cases, advise Davis whether he has a cause of action against the Comptroller of Customs.

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  1. 6(b)Advise as to the remedy that should be sought.[10 marks]

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