Gaisford, Alastair John v Hunt, Christopher Terence & Anor [1996] FCA 1072

Gaisford, Alastair John v Hunt, Christopher Terence & Anor [1996] FCA 1072

The Court found that, on the objective assessment of all circumstances including the off-the-record media briefing, the controversial and conclusive tenor of the article attributed to Mr Hunt, and the lack of immediate full disclosure, a reasonable apprehension of bias was established. The rules of natural justice required that Mr Hunt not proceed further with the Inquiry.

Parties
Appellant: Alastair John Gaisford; First Respondent: Christopher Terence Hunt; Second Respondent: The Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
06 December 1996
Procedural Posture
Appeal / Judgment After Appeal
Outcome
appeal allowed
Legal Topics
Natural Justice, Reasonable Apprehension of Bias, Ostensible Bias, Off the Record Media Briefing, Procedural Fairness
Administrative Law Natural Justice Reasonable Apprehension of Bias Ostensible Bias Off the Record Media Briefing Procedural Fairness

Case Brief

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Parties

Alastair John Gaisford

Appellant

Christopher Terence Hunt

First Respondent

The Commonwealth of Australia

Second Respondent

Procedural Posture

Appeal / Judgment After Appeal

Legal Issues

  1. 1 Whether 'off-the-record' briefing to a journalist and resulting newspaper article created a reasonable apprehension of bias in the conduct of an administrative Inquiry
  2. 2 Whether comments attributed to the Inquiry's delegate suggested prejudgment of the Inquiry's issues

Ratio Decidendi

The Court found that, on the objective assessment of all circumstances including the off-the-record media briefing, the controversial and conclusive tenor of the article attributed to Mr Hunt, and the lack of immediate full disclosure, a reasonable apprehension of bias was established. The rules of natural justice required that Mr Hunt not proceed further with the Inquiry.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Set aside the orders made at first instance; in lieu thereof, order that the first respondent not proceed with the subject Inquiry.