Greer v King [2002] FCA 1617

Greer v King [2002] FCA 1617

The Court held that a hypothetical fair-minded lay person would not reasonably apprehend that the Board would bring anything other than an unprejudiced and impartial mind to the ASIC application, given the circumstances of unexplained delay and the context of the letter. The application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
24 December 2002
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
The application is dismissed with costs.
Legal Topics
['natural Justice' 'bias' 'apprehended Bias' 'administrative Review' 'companies Auditors and Liquidators Disciplinary Board']
['administrative Law'] ['natural Justice' 'bias' 'apprehended Bias' 'administrative Review' 'companies Auditors and Liquidators Disciplinary Board']

Case Brief

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Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 ["Whether the Companies Auditors and Liquidators Disciplinary Board displayed apparent bias in breach of natural justice by sending the 23 August 2002 letter to the applicant's solicitor referencing contempt"]

Ratio Decidendi

The Court held that a hypothetical fair-minded lay person would not reasonably apprehend that the Board would bring anything other than an unprejudiced and impartial mind to the ASIC application, given the circumstances of unexplained delay and the context of the letter. The application was therefore dismissed.

Court Disposition

The application is dismissed with costs.

Orders

  • ['The application be dismissed with costs.']