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Australia apprehended biasnatural justicejudicial review

Isbester v Knox City Council

(2015) 255 CLR 135
JurisdictionAustralia
CourtHigh Court of Australia
Year2015
StatusBinding authority

Key Principle

A council officer who was the moving force behind, and had a personal interest in the outcome of, an earlier prosecution of a person cannot properly participate in the subsequent administrative decision affecting that same person (here, whether the person's dog should be destroyed), because a fair-minded lay observer might reasonably apprehend that the officer's prior involvement could have created a prejudgment incompatible with impartial decision-making.

Area of Law

public-law

Related Cases

CPCF v Minister for Immigration and Border Protection (2015) 255 CLR 514
Plaintiff M47/2012 v Director-General of Security (2012) 251 CLR 1
Corporation of the City of Enfield v Development Assessment Commission (Judicial Review) [2000] HCA 5

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