- Created by: channyx
- Created on: 20-03-20 20:40
The question of legal standing is not to be treated as a preliminary issue but is to be taken in the context of the whole case. Once the court has determined that that particular conduct is within the statutory purpose, the weight to be given to competing factors is a matter for the Secretary of State. A British consortium sought aid and trade provision for a project to construct a hydro-electric power station on the Pergau river.
Despite advice from the Overseas Development Administration that the project was an abuse of the overseas aid programme in that it was uneconomic and was not a sound development project, the Secretary of State decided to approve support for the project and the UK and Malaysian Governments signed a financial agreement. The applicants, a non-partisan pressure group, sought an assurance from the Secretary of State that no further funds for the project would be furnished, but he refused to give such an assurance. The applicants sought judicial review…