Abstract

Inspired by a thoughtful decision of the Singapore Court of Appeal, last month’s Editorial dwelt on the principle that powers must be exercised intra vires— in single-minded pursuit of the purpose and object of the power, and not ‘excessively’; must not be exercised for an ‘improper purpose’—a purpose extraneous to any reasonable interpretation of the instrument conferring the power; and must be exercised in good faith. Although the latter often is put as the first consideration, it takes its colour from the others. As, in a different context, Bowen LJ held in Hutton v West Cork Railway Co:

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