Garcia v Westwood [2007] FCA 1064

Garcia v Westwood [2007] FCA 1064

It is reasonably arguable that the first respondent, having become functus officio, engaged in conduct amounting to denial of procedural fairness and ostensible bias, raising a sufficiently arguable issue to warrant continuation of the interlocutory injunction.

Parties
Applicant: Stephen Maxwell Garcia; First Respondent: Brigadier Ian Denis Westwood; Second Respondent: Chief of Army
Jurisdiction
Australia
Judgment Date
13 July 2007
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Hearing
Outcome
Interlocutory injunction extended
Legal Topics
Procedural Fairness, Apprehended Bias, Interlocutory Injunctions
Military Law Administrative Law Procedural Fairness Apprehended Bias Interlocutory Injunctions

Case Brief

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Parties

Stephen Maxwell Garcia

Applicant

Brigadier Ian Denis Westwood

First Respondent

Chief of Army

Second Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Hearing

Legal Issues

  1. 1 Whether the first respondent, after becoming functus officio, failed to afford the applicant procedural fairness by entertaining an approach from Captain Vithanage and responding as he did
  2. 2 Whether the first respondent's conduct gave rise to ostensible bias
  3. 3 Whether there existed a serious question to be tried justifying the continuation of an interlocutory injunction

Ratio Decidendi

It is reasonably arguable that the first respondent, having become functus officio, engaged in conduct amounting to denial of procedural fairness and ostensible bias, raising a sufficiently arguable issue to warrant continuation of the interlocutory injunction.

Court Disposition

Interlocutory injunction extended

Orders

  • Extend Order 1 made on 11 July 2007 to 5:00 pm 20 July 2007.
  • List matter for final hearing at 2:15 pm 20 July 2007.