Stollery v Greyhound Racing Control Board [1972] HCA 53

Stollery v Greyhound Racing Control Board [1972] HCA 53

The Board was required to observe natural justice when determining whether the appellant should be found guilty of conduct detrimental to greyhound racing and disqualified. Mr. Smith was personally involved in the alleged incident, had reported it to the Board, had formed an adverse view amounting in substance to an accusation, and had a personal interest in the outcome. He was therefore disqualified from sitting as a member of the Board in relation to the charge and penalty. His continued presence during deliberations, even without active participation, created at least a reasonable appearance or possibility of influence and was inconsistent with natural justice. The Board's decision was...

Jurisdiction
Australia
Procedural Posture
Appeal by Special Leave Concerning Prerogative Relief for Certiorari or Prohibition / High Court Appeal From the Supreme Court of New South Wales, Court of Appeal Division, Which Had Discharged the Rule Nisi
Outcome
Appeal allowed with costs; certiorari granted to quash the Board's decision.
Legal Topics
['apprehended Bias' 'disqualified Tribunal Member' 'presence During Deliberations' 'certiorari' 'procedural Fairness in Disciplinary Proceedings']
['administrative Law' 'natural Justice' 'racing and Gaming Regulation'] ['apprehended Bias' 'disqualified Tribunal Member' 'presence During Deliberations' 'certiorari' 'procedural Fairness in Disciplinary Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal by Special Leave Concerning Prerogative Relief for Certiorari or Prohibition / High Court Appeal From the Supreme Court of New South Wales, Court of Appeal Division, Which Had Discharged the Rule Nisi

Legal Issues

  1. 1 ['Whether the Greyhound Racing Control Board was required to proceed in accordance with natural justice when determining a charge that could lead to disqualification of a registered bookmaker.' "Whether Mr. Norman Smith was disqualified from sitting as a member of the Board because he was personally involved in the incident, had reported it to the Board, and had formed an adverse view of the appellant's conduct." "Whether the non-participating presence of a disqualified member during the Board's deliberations invalidated the finding of guilt and penalty."]

Ratio Decidendi

The Board was required to observe natural justice when determining whether the appellant should be found guilty of conduct detrimental to greyhound racing and disqualified. Mr. Smith was personally involved in the alleged incident, had reported it to the Board, had formed an adverse view amounting in substance to an accusation, and had a personal interest in the outcome. He was therefore disqualified from sitting as a member of the Board in relation to the charge and penalty. His continued presence during deliberations, even without active participation, created at least a reasonable appearance or possibility of influence and was inconsistent with natural justice. The Board's decision was...

Court Disposition

Appeal allowed with costs; certiorari granted to quash the Board's decision.

Orders

  • ['Appeal allowed with costs.' 'Order of the Supreme Court of New South Wales, Court of Appeal Division, set aside.' 'In lieu thereof, order that the order nisi for writ of certiorari made by Mr. Justice Slattery on 7th January 1972 be made absolute.' "Respondent to pay prosecutor's costs of the application."]