Khadem H. v. Ba Barbour, Senior member of the Administrative Appeals Tribunal (Cth) & Anor [1995] FCA 673

CATCHWORDS

ADMINISTRATIVE LAW - Disqualification for bias - whether Tribunal's comments made during the hearing constituted ostensible bias - whether test is one of possibility or probability of appearance of bias

Metropolitan Properties Co (FGC) Ltd v Lannon [1969] 1 QB 577; referred to. R v Watson; Ex parte Armstrong (1976) 136 CLR 248; applied. Livesey v The New South Wales Bar Association (1983) 151 CLR 288; applied. Vakauta v Kelly (1989) 167 568; applied, discussed. Galea v Galea (1990) 19 NSWLR 263; discussed. Kaycliff Pty Ltd v Australian Broadcasting Tribunal (1989) 90 ALR 310; followed. Re Polites; Ex parte Hoyts Corporation (1991) 173 CLR 78; referred to. R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100; discussed. Australian National Industries Pty Ltd v Spedley Securities Ltd (1992) 26 NSWLR 411; discussed. HASSAM KHADEM v BA BARBOUR, SENIOR MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL (CTH) and COMMISSIONER OF TAXATION No NG 250 of 1995 CORAM: HILL J PLACE: SYDNEY DATED: 30 AUGUST 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 250 of 1995 ) GENERAL DIVISION ) BETWEEN: HASSAM KHADEM Applicant AND: BA BARBOUR, SENIOR MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL (CTH) First Respondent COMMISSIONER OF TAXATION Second Respondent

CORAM: HILL J PLACE: SYDNEY DATED: 30 AUGUST 1995

MINUTES OF ORDER

THE COURT ORDERS THAT:

(1) Mr Barbour cease hearing the review. (2) The matter be remitted to the Administrative Appeals Tribunal to be heard by a Tribunal differently constituted. (3) The second respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.