Brooks v Easther

Brooks (the applicant) sought judicial review of a decision by Easther (the respondent), a member of a statutory Board of Inquiry. The Board was established to inquire into certain matters and was required by legislation to observe the rules of natural justice in its proceedings. The applicant contended that the Board had breached these rules.

The primary legal issues before the court were whether the Board had denied the applicant procedural fairness by providing him with a draft report containing detailed findings and seeking submissions at too late a stage in the inquiry, and whether there was an apprehension of bias on the basis of prejudgment by the Board.

The court found that the applicant had been provided with a draft report containing detailed findings and was given an opportunity to respond. This opportunity to make submissions, even at a later stage, was considered sufficient to satisfy the requirements of procedural fairness. Furthermore, the court determined that the applicant had not established an apprehension of bias, as there was no evidence to suggest that the Board had prejudged the matter. The complaints raised by the applicant were not made out before the primary judge, and no error was established on appeal.