Golden v V'landys

The New South Wales Court of Appeal considered an appeal by Mr Golden against a decision of Racing NSW to warn him off all racecourses controlled by the Australian Turf Club. Mr Golden alleged apprehended bias in the decision-making process and also brought a claim for misfeasance in public office.

The Court was required to determine whether a fair-minded observer, informed of the facts, might reasonably apprehend that the decision-maker might not bring an impartial mind to the warning off decision. This involved considering whether there was a logical connection between a letter of demand issued by the decision-maker's solicitors and any potential deviation from making the decision on its merits, and whether the decision-maker's role in initiating the warning off process was incompatible with making the decision. The Court also considered whether Mr Golden had established a claim of improper purpose and whether relief should be withheld due to his failure to bring an appeal within the prescribed time.

The Court found that ground 4 of Mr Golden's amended notice of appeal was upheld, leading to the quashing of Racing NSW's decision to warn him off racecourses. This decision was based on the finding that the fair-minded observer test for apprehended bias was met. However, the Court dismissed all remaining grounds of appeal, including the claim for misfeasance in public office, finding that the decision-maker did not act with the requisite knowledge or recklessness regarding the invalidity of the warning off decision. The Court also exercised its discretion to allow the appeal in part, despite the delay in bringing it.