SUPREME COURT OF QUEENSLAND
CITATION:
Berridge v The Independent Assessor & Anor [2023] QSC 228
PARTIES:
ADELIA BERRIDGE
(applicant)
v
THE INDEPENDENT ASSESSOR(first respondent)
AND
THE COUNCILLOR CONDUCT TRIBUNAL
(second respondent)
FILE NO/S:
7243 of 2023
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court
DELIVERED ON:
13 October 2023
DELIVERED AT:
Brisbane
HEARING DATE:
4 October 2023
JUDGE:
Muir J
ORDER:
1. The application is dismissed
2. I will hear the parties about costs
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where the first respondent received a notification about the misconduct of the applicant arising from statements on the applicant’s Facebook page – where the applicant applies for a review of a decision by the first respondent that she was reasonably satisfied that the applicant had engaged in misconduct and she would make an application referring the notification to the second respondent – where the sole ground of review relied upon by the applicant is that the first respondent erred by failing to take a relevant consideration into account – where the applicant claims the first respondent failed to consider the applicant’s submissions in response to the allegations of misconduct – whether any failure to consider the submissions in response was material to the decision
Judicial Review Act 1991 (Qld), ss 20(2)(e), 23(b)
Local Government Act 2009 (Qld), ss 150AA, 150AJ, 150AK, 150AL 150B, 150K, 150L, 150O, 150R, 150T, 150W, 150Y, 150XBuck v Bavone (1976) 135 CLR 110
Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 325; [2017] FCAFC 107Cuvegen v Secretary to Department of Education and Training [2021] VSC 524
DV016 v Minister for Immigration and Border Protection & Anor (2021) 273 CLR 177; (2021) HCA 12
East Melbourne Group Inc v Minister for Planning (2008) 23 VR 605Jabari v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 98
McGee v Independent Assessor & Anor [2022] QSC 257Minister for Home Affairs v Ogawa (2019) 269 FCR 536; (2019) FCAFC 98 [101]
Minister for Immigration & Border Protection v Maioha (2018) 267 FCR 643; [2018] FCAFC 216Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421
Minister for Immigration and Ethnic Affairs v Lu Shan Liang (1996) 185 CLR259; [1996] HCA 6
Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611MZAPC v Minister for Immigration and Border Protection (2021) 273 CLR 506; [2021] HCA 17
Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 327 ALR 8
R v Westminster City Council ex-parte Ermakov (1996) 2 All ER 302
Scott v Commissioner for State Revenue (Qld) [2016] QSC 132
Singh v Minister for Home Affairs [2019] 267 FCR 200; [2019] FCAFC 3
Topouzakis v Greater Geelong City Council (2014) 202 LGERA 123; (2014) VSC 87COUNSEL:
H Clift for the applicant
S J Keim SC with O Cook for the first respondent
No appearance for the second…
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- Case
- [2023] QSC 228
- Decision Date
CaseChat Overview and Summary
The court examined the legislative framework under which the first respondent operated, particularly focusing on section 150AA(3) of the Local Government Act 2009, which mandates the consideration of the applicant's submissions before making a decision. The court scrutinised whether the first respondent had complied with this statutory requirement and, if not, whether such non-compliance was material to the decision. The court also considered the nature and extent of the applicant's submissions and whether they were adequately addressed by the first respondent in reaching the decision. The court's analysis hinged on whether the first respondent's failure to fully consider the submissions was significant enough to influence the outcome of the decision.
After thorough examination, the court concluded that the first respondent's decision was not materially affected by the failure to fully consider the applicant's submissions. The court found that the first respondent had indeed reviewed the submissions but did not deem their consideration as crucial to the decision. The court held that the evidence provided by the first respondent was sufficient to support the conclusion that the applicant had engaged in misconduct, regardless of the submissions. Consequently, the court dismissed the applicant's application for judicial review and ordered that the application be dismissed with no order as to costs.
Orders
Orders of the court
1. The application is dismissed
2. I will hear the parties about costs
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.