SUPREME COURT OF QUEENSLAND
CITATION:
Greenwood v Winsor & Anor [2008] QSC 68
PARTIES:
QUANETA GREENWOOD
(applicant)
v
KERRY WINSOR
(first respondent)
STATE OF QUEENSLAND
(second respondent)FILE NO/S:
7202/07
DIVISION:
Trial Division
PROCEEDING:
Application for a Statutory Order of Review
ORIGINATING COURT:
Supreme Court, Brisbane
DELIVERED ON:
14 April 2008
DELIVERED AT:
Brisbane
HEARING DATES:
4 October, 2007 and 21 February, 2008
JUDGE:
Byrne SJA
ORDER:
Application dismissed.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR REVIEW – PROCEDURAL FAIRNESS – BIAS – APPREHENSION OF BIAS – where public official exercising a statutory decision-making power - where Applicant seeks order restraining further participation in disciplinary proceedings on the grounds of apprehended bias.
Public Service Act 1996, s 87, s 88, s 90
Ambrey v Oswin [2005] QCA 112
AWG Group Ltd v Morrison [2006] 1 WLR 1163
Barbosa v Di Meglio [1999] NSWCA 307
Bell Canada v Canadian Telephone Employees Association [2003] 1 SCR 884
Bolkiah v The State of Brunei Darussalam [2007] UKPC 62
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Flaherty v National Greyhound Racing Club [2005] EWCA Civ 1117
Gascor v Ellicott [1997] 1VR 332
Gillies v Secretary of State for Work & Pensions [2006] 1 WLR 781
Helljay Investments Pty Ltd v Deputy Commissioner of Taxation (1999) 74 ALJR 68
Helow v Advocate General for Scotland [2007] ScotCS CSIH-5
Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438
Johnson v Johnson (2000) 201 CLR 488
Lawal v Northern Spirit Ltd [2003] UKHL 35
Minister for Immigration v Jia Legeng (2001) 205 CLR 507
Minister for Resources; Ex parte Cazaly Iron Pty Ltd [2007] WASCA 175
Mokbel v DPP (Vic) & (Cth) [2007] VSCA 195
Morton v The Transport Appeal Board [2007] NSWSC 1454
Muir v Commissioner of Inland Revenue [2007] 3 NZLR 495
R v Abdroikof [2007] UKHL 37
Re Finance Sector Union of Australia; ex parte Illaton Pty Ltd (1992) 66 ALJR 583
Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka (2001) 206 CLR 128
Re Minister for Immigration and Multicultural Affairs; ex parte Miah (2001) 206 CLR 57
Re Refugee Review Tribunal; ex parte H (2001) 75 ALJR 982
Smits v Roach (2006) 227 CLR 423
State of Victoria v Psaila and Lamb [1999] VSCA 193,
Stollery v Greyhound Racing Control Board (1972) 128 CLR 509
United States v Holland (9th Cir, March 17, 2008) No. 06-30258, 2008 U.S. App. Lexis 5642
Wewaykum Indian Band v Canada [2003] 2 SCR 259COUNSEL:
Mr S Keim SC with Mr R Reed for the applicant
Mr C Murdoch for the respondentSOLICITORS:
Kerin & Co Lawyers for the applicant
Minter Ellison for the respondent
Quaneta Greenwood is employed by the State Government as a speech pathologist. As a Public Service officer, she has worked in the Fraser Coast Health Service District (“the District”) of the Department of Health (“Queensland Health”) since 1982. Kerry Winsor, another State public servant, is the District Manager.
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- Case
- [2008] QSC 68
- Decision Date
CaseChat Overview and Summary
The court examined whether the applicant had demonstrated that there was a real likelihood of bias on the part of the public official. The legal issues included whether the public official’s involvement in the disciplinary process constituted an apprehension of bias, and if the procedural fairness was upheld in the proceedings. The applicant argued that the public official’s prior involvement in the matter created an apprehension of bias, which was sufficient to warrant a restraint on further participation in the disciplinary process.
The court carefully considered the evidence and submissions presented. It determined that the public official's actions did not reach the threshold of apprehended bias that would warrant a restraint on further participation in the disciplinary proceedings. The court found that the procedural fairness was maintained, and the public official's involvement did not undermine the integrity of the process. Consequently, the application was dismissed.
Orders
Orders of the court
Application dismissed.
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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