High Court of Australia

Isbester v Knox City Council [2015] HCA 20

10 Jun 2015

Case Number: M19/2015


Kiefel, Bell, Gageler, Keane, Nettle JJ


Administrative law – Natural justice – Bias – Reasonable apprehension of bias – Incompatibility of roles – Where respondent made order under s 84P(e) of Domestic Animals Act 1994 (Vic) for destruction of appellant's dog – Where there was panel hearing and deliberation prior to decision being made – Where member of panel had been involved in prosecuting related criminal charges – Whether fair-minded observer might reasonably apprehend that panel member might not bring impartial mind to decision – Whether interest of panel member might affect decision-making of others on panel.

Words and phrases – "conflict of interest", "incompatibility of roles".

Domestic Animals Act 1994 (Vic) – s 84P(e).

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