Oakey Coal Action Alliance Inc v New Acland Coal Pty LtdCitation:[2021] HCA 2Before:Kiefel CJ, Bell, Gageler, Keane, Edelman JJDate:03 Feb 2021Case Number:B34/2020Read more

Oakey Coal Action Alliance Inc v New Acland Coal Pty LtdCitation:[2021] HCA 2Before:Kiefel CJ, Bell, Gageler, Keane, Edelman JJDate:03 Feb 2021Case Number:B34/2020Read more

The Court of Appeal was entitled, after finding apprehended bias, to limit consequential orders to a declaration that procedural fairness was not observed, rather than referring the matters back to the Land Court for full reconsideration, based on the discretion to refuse relief.

Parties
Applicant: First Respondent; Objectors: Appellant and others; Delegate: Second Respondent
Jurisdiction
Australia
Judgment Date
03 February 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Apprehended Bias, Relief, Jurisdiction of Inferior Courts, Procedural Fairness, Discretion to Refuse Relief
Administrative Law Apprehended Bias Relief Jurisdiction of Inferior Courts Procedural Fairness Discretion to Refuse Relief

Case Brief

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Parties

First Respondent

Applicant

Appellant and others

Objectors

Second Respondent

Delegate

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether recommendations in Land Court's first decision were affected by apprehended bias
  2. 2 Whether matters should be referred back to Land Court for full reconsideration or limited to declaration that procedural fairness was not observed
  3. 3 Whether discretion to refuse relief applied

Ratio Decidendi

The Court of Appeal was entitled, after finding apprehended bias, to limit consequential orders to a declaration that procedural fairness was not observed, rather than referring the matters back to the Land Court for full reconsideration, based on the discretion to refuse relief.

Court Disposition

Appeal dismissed

Orders

  • Declaration that procedural fairness was not observed
  • No referral of matters back to Land Court for full reconsideration