Manny v Nissen

[2022] ACTSC 41

Supreme Court of the ACT11 March 2022

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › From ACT Civil and Administrative Tribunal
4. › Whether arguable case of denial of procedural fairness
5. › Whether sufficiently arguable case of appellable error
6. › ACT Civil and Administrative Tribunal Act 2008 (ACT), s 86(4)
1. Practice and Procedure
2. › Apprehended bias
3. › Tribunal member previously involved in other proceedings involving same party
4. › Whether mere prior involvement sufficient to establish apprehension of bias
1. Landlord and Tenant
2. › Residential tenancies
3. › Formation of fixed-term lease
4. › Whether email expressing willingness to extend constituted acceptance
5. › Condition precedent to formation
6. › Residential Tenancies Act 1997 (ACT), s 6A

Quick Take

The mere involvement of a tribunal member in another matter involving the same party does not establish apprehended bias. Delay in delivering a tribunal decision, while unsatisfactory, does not of itself ground an apprehension of bias. The possible existence of errors in a tribunal decision does not provide a proper basis for asserting apprehended bias.