CIVIL PROCEDURE — summary dismissal — application to summarily dismiss proceedings — allegation of bias against ninth defendant — allegation of improper purpose against ninth defendant — whether a reasonable cause of action disclosed
Quick Take
1An allegation of actual bias against a statutory decision-maker based solely on the decision-maker and the subject of a complaint sharing membership of the same profession is insufficient to disclose a reasonable cause of action, even taking the plaintiff's case at its highest.
2An allegation of improper purpose requires more than bare assertion; where the decision-maker has denied the alleged purpose, the plaintiff must point to primary facts from which the improper purpose can be inferred, and the evidence must be irreconcilable with the proper exercise of power.
3Where a statutory power of internal review is expressed to be at the 'absolute discretion' of the decision-maker, mandamus will not lie to compel its exercise.
