Hutchinson v Roads and Traffic Authority & Anor

[2000] NSWCA 332

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Apprehended bias
4. › Disqualification of tribunal member
5. › Whether fair-minded lay observer might reasonably apprehend lack of impartiality
6. › Prior adverse views about party's credibility expressed in email
7. › Government and Related Employees Appeal Tribunal Act 1980 (NSW), s 24(1)
1. Administrative Law
2. › Procedural fairness
3. › Waiver
4. › Whether continuing with hearing after failed disqualification application constitutes waiver
5. › Requirement for knowing and voluntary waiver
1. Administrative Law
2. › Prerogative relief
3. › Certiorari
4. › Denial of procedural fairness
5. › Whether denial of procedural fairness founds prerogative relief
6. › Whether failure to afford procedural fairness constitutes jurisdictional error
7. › Supreme Court Act 1970 (NSW), s 69
1. Administrative Law
2. › Tribunals
3. › Appeal on question of law
4. › Whether refusal to disqualify for bias is a 'decision on a question of law'
5. › Distinction between error of law in course of hearing and decision on question of law
6. › Government and Related Employees Appeal Tribunal Act 1980 (NSW), ss 54, 55

Quick Take

Where a tribunal member has expressed adverse views about a party's credibility in a prior proceeding, a fair-minded lay observer would reasonably apprehend that the member might not bring an impartial mind to a subsequent hearing involving that party, even if the subject matter of the two proceedings is different. A party who continues with a hearing after an unsuccessful disqualification application does not thereby waive the bias objection. A tribunal's refusal to disqualify for apprehended bias is not a 'decision on a question of law' for the purposes of a statutory appeal, but the resulting denial of procedural fairness founds prerogative relief.