Fradgley v Property Agents and Motor Dealers

The applicants, partners of a law firm, sought a declaration that the Tribunal had breached natural justice by making adverse findings against their firm without providing an opportunity for them to comment or reply prior to publication. The dispute arose from proceedings before the Tribunal where the applicants were not parties, but the Tribunal made statements and findings against their law firm, which had an adverse effect on their reputations. The applicants sought judicial review, arguing they had a right to be heard before the findings were published.

The court considered whether the Tribunal's actions constituted a denial of natural justice, specifically whether the applicants had a right to be informed of the allegations and given an opportunity to respond before the findings were published. The court examined the nature of the Tribunal's function and whether it was adjudicative, judicial, or inquisitorial. The court found that the Tribunal exercised an adjudicative and judicial function rather than an inquisitorial one, meaning the applicants were not entitled to procedural fairness in the form of prior notification of the allegations. The court held that the Tribunal's process did not breach natural justice as the applicants were not parties to the proceedings and the Tribunal was not required to provide them with an opportunity to comment on the findings.

The court dismissed the application, finding that the Tribunal did not breach natural justice by making adverse findings against the applicants' law firm without providing them with an opportunity to comment or reply prior to publication. The court held that the Tribunal exercised an adjudicative and judicial function rather than an inquisitorial one, and the applicants were not entitled to procedural fairness in the form of prior notification of the allegations. The applicants' right to be heard was not engaged in the circumstances of the case.