Cooper, R.J. [v Hermes, C.L. & Ors 1987] FCA 499

The Board fulfilled its statutory duty to make full inquiries, provided reasonable opportunities for the applicant to comment, and had sufficient material to justify its decision. No breach of natural justice or improper exercise of power was established.

Parties: Applicant: Raymond John Cooper; First Respondent (chairman, Appeals Board): Clarence Lindsay Hermes; First Respondent (appeals Board Member): Rodney George Leffers; First Respondent (appeals Board Member): Richard Edward Dixon; Second Respondent: William Anthony Taylor
Jurisdiction: Australia
Judgment Date: 15 September 1987
Procedural Posture: Judicial Review Application / Final Judgment
Outcome: Application dismissed
Legal Topics: Judicial Review, Natural Justice, Australian Federal Police Promotion Appeals

Administrative Law Judicial Review Natural Justice Australian Federal Police Promotion Appeals

Case Brief

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Parties

Raymond John Cooper

Applicant

Clarence Lindsay Hermes

First Respondent (chairman, Appeals Board)

Rodney George Leffers

First Respondent (appeals Board Member)

Richard Edward Dixon

First Respondent (appeals Board Member)

William Anthony Taylor

Second Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

1 Whether Board failed to make full inquiries into parties' claims
2 Whether breach of rules of natural justice
3 Whether evidence justified the decision

Ratio Decidendi

Court Disposition

Application dismissed

Orders

The application be dismissed.
The applicant pay the respondents' costs of the application, including reserved costs.