SUPREME COURT OF QUEENSLAND
CITATION:
Greenwood v Winsor & Anor [2008] QCA 415
PARTIES:
QUANETA GREENWOOD
(applicant/appellant)
v
KERRY WINSOR
(first respondent)
STATE OF QUEENSLAND
(second respondent)FILE NO/S:
Appeal No 4265 of 2008
SC No 7202 of 2007DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
19 December 2008
DELIVERED AT:
Brisbane
HEARING DATE:
2 September 2008
JUDGES:
McMurdo P, Fraser JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed with costs to be assessed
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR REVIEW – PROCEDURAL FAIRNESS – BIAS – APPREHENSION OF BIAS – appellant employed as speech pathologist by Queensland Health – allegations against appellant that she withdrew services from residential care facility, that she was working inefficiently and inaccurately recording work performed – appellant suspended on full pay and then sent show cause letter outlining allegations – decision on whether termination may be appropriate to be made by first respondent – respondents involved in previous disputes with appellant which resolved through Queensland Industrial Relations Commission processes – first respondent sent emails discussing apparent withdrawal of services from facility – whether there existed a reasonable apprehension that the first respondent might be biased in her determination of the allegations
Public Service Act 1996 (Qld), s 57, s 87, Sch 3
Public Service Act 2008 (Qld), s 236, s 238Ambrey v Oswin [2005] QCA 112, compared
Antoun v The Queen (2006) 80 ALJR 497; [2006] HCA 2, applied
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63, applied
Greenwood v Winsor & Anor [2008] QSC 68, approved
Ivers v McCubbin & Ors[2005] QCA 200, compared
Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48, cited
Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70; [1990] HCA 31, applied
Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17, applied
Re Refugee Review Tribunal; ex parte H (2001) 75 ALJR 982; [2001] HCA 28, considered
R v Abdroikov; R v Green; R v Williamson [2007] 1 WLR 2679; [2007] UKHL 37, considered
Smits v Roach (2006) 227 CLR 423; [2006] HCA 36, appliedSun v Minister for Immigration and Ethnic Affairs (1997) 81 FCR 71; [1997] FCA 1488, cited
Vakautu v Kelly (1989) 167 CLR 568; [1989] HCA 44, applied
Webb v The Queen (1994) 181 CLR 41; [1994] HCA 30, citedCOUNSEL:
S J Keim SC, with R E Reed, for the appellant
L F Kelly SC, with C J Murdoch, for the first and second respondentsSOLICITORS:
Susan Moriarty Solicitors for the appellant
Minter Ellison for the first and second respondents
McMURDO P: Since 1982, Ms Quaneta Greenwood, the appellant, has been employed by the second…
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- Case
- [2008] QCA 415
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the first respondent, who had previously been involved in disputes with the appellant and had communicated about the allegations, had a reasonable apprehension of bias that could undermine the fairness of the disciplinary proceedings. The appellant submitted that the first respondent's prior involvement and communications gave rise to a perception of partiality that could prejudice the decision-making process.
The court found that the first respondent's prior involvement in disputes with the appellant did not create a reasonable apprehension of bias. The court considered the communications between the parties and concluded that there was no evidence to suggest that the first respondent would not approach the determination of the allegations with an open mind and without bias. The court held that the QIRC's decision was not flawed by any perceived or actual bias on the part of the first respondent. The appeal was therefore dismissed, with costs to be assessed.
Orders
Orders of the court
Appeal dismissed with costs to be assessed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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