ELECTRICITY NETWORKS CORPORATION T/AS WESTERN POWER and BOMBARA

In the matter of Electricity Networks Corporation trading as Western Power and Bombara, the dispute arose from an application to disqualify a Tribunal member due to an apprehended bias based on association. The case was heard in the Supreme Court of Western Australia. The applicant, Bombara, sought the disqualification of the Tribunal member, arguing that the member's prior association with Western Power would lead to a reasonable apprehension of bias.

The court needed to determine whether the Tribunal member's prior association with Western Power created a reasonable apprehension of bias. This required consideration of whether a hypothetical fair-minded observer, having knowledge of all the material facts, would apprehend that the Tribunal member might not bring an impartial and unprejudiced mind to the resolution of the questions the Tribunal was required to decide.

The court examined the nature and extent of the Tribunal member's prior association with Western Power and the likelihood that it could have influenced their decision-making process. The court noted that the mere fact of a prior association did not necessarily lead to disqualification, but rather, it was the strength and significance of the association that mattered. The court concluded that the hypothetical observer, armed with all relevant knowledge, would not reasonably apprehend that the Tribunal member might not be impartial.

The court found that there was no reasonable apprehension of bias and dismissed the application for disqualification. Consequently, the Tribunal member was allowed to continue their role in the proceedings.