Tahmindjis, A.J. & Ors v. Brown, B.R. & Ors [1985] FCA 214

Tahmindjis, A.J. & Ors v. Brown, B.R. & Ors [1985] FCA 214

The private and confidential communication of the Magistrate’s views to the solicitor for the prosecution, without informing the defence and while maintaining a ‘tentative’ stance in public, constituted a denial of natural justice and gave rise to a reasonable apprehension of bias. The committal orders were thus invalid.

Jurisdiction
Australia
Judgment Date
31 May 1985
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
orders for committal set aside
Legal Topics
['natural Justice' 'bias' 'committal Proceedings']
['administrative Law' 'criminal Law'] ['natural Justice' 'bias' 'committal Proceedings']

Case Brief

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Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 ['Whether committal orders made against applicants were invalid due to private communications between Magistrate and prosecution solicitor' 'Whether such communications amounted to bias' 'Whether there was a denial of natural justice']

Ratio Decidendi

The private and confidential communication of the Magistrate’s views to the solicitor for the prosecution, without informing the defence and while maintaining a ‘tentative’ stance in public, constituted a denial of natural justice and gave rise to a reasonable apprehension of bias. The committal orders were thus invalid.

Court Disposition

orders for committal set aside

Orders

  • ['The orders for committal are set aside; further argument will be heard on the form of orders and costs.']