Part 7: Miscellaneous Commentary on Sections: Part 7 Section 141: Judicial review: power to substitute decisions
645.This section replaces the existing section 31(5) of the SCA 1981 and extends the power of the High Court in respect of quashing orders. The High Court will still have the power to return a matter to a decision maker with a direction that it reach a decision in accordance with its findings. However, where the decision maker is a court or tribunal and the decision is quashed on the ground that there has been an error of law, the court will, alternatively, be able to substitute its own decision for that decision if it is satisfied that without the error there would have been only one decision that the court or tribunal could have reached.
646.Unless the High Court directs otherwise, a substitute decision will have effect as if it were a decision of the relevant court or tribunal.