- Joined
- Apr 18, 2025
- Messages
- 69
IN THE MAGISTRATES COURT OF THE KINGDOM OF ALEXANDRIA
OPENING STATEMENT
Lux Group
Applicant/Plaintiff
v.
Ministry of Development
Respondent/Defendant
I. NO ULTRA VIRES ACTION OR COGNIZABLE INJURY
The Ministry's regulations impose limits on what the Ministry can do, not what it may say in its communications.
The Applicant has claimed the Ministry acted beyond its authority by citing penalties of an amount which they were not explicitly authorized to impose. Ministry regulations clearly limit which fines may be imposed, but are silent on the content of Ministry notifications. The Applicant has repeatedly claimed ultra vires conduct but has failed to cite any regulation that legally prohibits the Ministry’s communications from containing inaccuracies. Relief requires a concrete injury. Here, the Ministry did not impose fines or take any enforcement action. Their alleged "uncertainty" is self-inflicted. They do not claim to have ever contacted the Ministry to clarify the notification of non-compliance.
The Ministry has already acknowledged that an incorrect penalty amount was cited. The Applicant has not identified any prejudice resulting from this mistake, nor have they implied a particular outcome would have occurred absent this error. The fines in question were never imposed, the claimant never suffered financial loss, and has not even alleged any change in business operations. Granting a declaratory judgment for self-inflicted injury is inappropriate. The Applicant purports to desire the resolution of a real dispute, but is instead seeking an advisory opinion which the court should not provide.
II. FAILURE TO EXHAUST EXISTING REMEDIES.
The Applicant does not allege that they contacted the Ministry to seek clarification or informal resolution. Channels through which the Applicant may have contacted the Ministry of Development directly for clarification or informal resolution already existed. Instead of notifying the Ministry to clarify alleged uncertainty, the Applicant has manufactured standing through deliberate inaction.
III. CONCLUSION
Moreover, the Applicant has asked this Court to create new law or regulation where none presently exists. How to regulate the accuracy of administrative notifications is a legislative or regulatory question, not a matter for judicial intervention. The Constitution vests the judiciary with the authority to interpret the law, not to create standards for government communications.
The Ministry's regulations bind its enforcement actions, not its correspondents. No enforcement action was taken, and no financial loss was incurred; where the Applicant had administrative resolutions available, they failed to pursue them. The Applicant has not so much as claimed any change in conduct occurred, and any losses incurred by the deliberate choice to seek judicial remedy where a process for administrative remedy already existed are self-inflicted.
IN SUMMARY:
Soggeh T. Oast
Ministry of Justice
Kingdom of Alexandria
OPENING STATEMENT
Lux Group
Applicant/Plaintiff
v.
Ministry of Development
Respondent/Defendant
I. NO ULTRA VIRES ACTION OR COGNIZABLE INJURY
The Ministry's regulations impose limits on what the Ministry can do, not what it may say in its communications.
The Applicant has claimed the Ministry acted beyond its authority by citing penalties of an amount which they were not explicitly authorized to impose. Ministry regulations clearly limit which fines may be imposed, but are silent on the content of Ministry notifications. The Applicant has repeatedly claimed ultra vires conduct but has failed to cite any regulation that legally prohibits the Ministry’s communications from containing inaccuracies. Relief requires a concrete injury. Here, the Ministry did not impose fines or take any enforcement action. Their alleged "uncertainty" is self-inflicted. They do not claim to have ever contacted the Ministry to clarify the notification of non-compliance.
The Ministry has already acknowledged that an incorrect penalty amount was cited. The Applicant has not identified any prejudice resulting from this mistake, nor have they implied a particular outcome would have occurred absent this error. The fines in question were never imposed, the claimant never suffered financial loss, and has not even alleged any change in business operations. Granting a declaratory judgment for self-inflicted injury is inappropriate. The Applicant purports to desire the resolution of a real dispute, but is instead seeking an advisory opinion which the court should not provide.
II. FAILURE TO EXHAUST EXISTING REMEDIES.
The Applicant does not allege that they contacted the Ministry to seek clarification or informal resolution. Channels through which the Applicant may have contacted the Ministry of Development directly for clarification or informal resolution already existed. Instead of notifying the Ministry to clarify alleged uncertainty, the Applicant has manufactured standing through deliberate inaction.
III. CONCLUSION
Moreover, the Applicant has asked this Court to create new law or regulation where none presently exists. How to regulate the accuracy of administrative notifications is a legislative or regulatory question, not a matter for judicial intervention. The Constitution vests the judiciary with the authority to interpret the law, not to create standards for government communications.
The Ministry's regulations bind its enforcement actions, not its correspondents. No enforcement action was taken, and no financial loss was incurred; where the Applicant had administrative resolutions available, they failed to pursue them. The Applicant has not so much as claimed any change in conduct occurred, and any losses incurred by the deliberate choice to seek judicial remedy where a process for administrative remedy already existed are self-inflicted.
IN SUMMARY:
- The Ministry’s regulations govern enforcement actions, not the content of its communications.
- No enforcement occurred, no financial loss was suffered, and the Applicant failed to pursue available administrative remedies.
- The Applicant’s claimed uncertainty is self-inflicted, and the request for declaratory relief amounts to an advisory opinion beyond the judiciary’s constitutional authority.
Soggeh T. Oast
Ministry of Justice
Kingdom of Alexandria