Ex debito justitiae


Ex debito justitiae Lat as a debt of justice; as a legal obligation; from a lawful or just debt. (Ref: Butterworths Legal Dictionary)


1.                      In Isaacs v Robertson (1985) (AC97) the Privy Council said at page 102:

The judges in the cases which have drawn a distinction between the two types of orders have cautiously refrained from seeking to lay down a comprehensive definition of defects that bring an order into the category that attracts ex debito justitiae the right to have it set aside, save that it specifically includes orders that have been obtained in breach of rules of natural justice.

2.                      Lord Greene MR stated in Craig v Kanssen (1943) 1 KB at 262:

"a person who is affected by an order which can be properly described as a nullity is entitled ex debito justitiae to have it set aside."

3.                      - Hoskins v Van den Braak (3 April 1998; Mason P; Priestley JA; Beazley JA

common law right to relief ex debito justitiae against such a denial of natural justice.