The applicant wanted to import rhinoceroses into the province and take them to a farm where he had a client who wished to shoot them. The applicant sought to compel the authorities to issue the relevant permits to enable this to be done.
In order to import the animals into the province and then shoot them, two permits were required. The permits were not issued but the applicant alleged that the authority had been stated that the permit would be issued at some future time so that he had a legitimate expectation of being granted a permit. The applicant commenced action when the permit was refused in 1998.
The court dismissed the application holding that a legitimate expectation did not amount to the acquisition of a legal right, which could be enforced in a court of law.