Ivers v McCubbin

Ivers, the team leader of a Fire Ant Control Centre, initiated proceedings against McCubbin, the Director of the Centre, following an investigation into an incident involving Ivers' team that resulted in disciplinary action. Ivers sought a statutory order of review of the decision to initiate the investigation, arguing that the investigation was not conducted in accordance with proper procedure and that there was an apprehended bias by the Director or the author of the investigation report. The trial judge dismissed Ivers' application. Ivers appealed to the court, seeking to set aside the orders made on 30 September 2004 in SC No 3238 of 2003. The court was required to determine whether the investigation was initiated via the correct procedure, whether there was an apprehended bias by the Director or the author of the investigation report, and whether there were arguable grounds for a statutory order of review.

The court found that the investigation was initiated via the correct procedure, and that the Director did not have an apprehended bias. However, the court found that there were arguable grounds for a statutory order of review. The court found that the investigation report contained material errors and that there was a failure to consider relevant evidence. The court found that these errors were significant enough to give rise to an arguable case for a statutory order of review. The court allowed Ivers' application for leave to appeal, set aside the orders made on 30 September 2004 in SC No 3238 of 2003, and gave Ivers leave to amend his application for a statutory order of review. The court also ordered the respondents to pay any costs incurred by Ivers, to be agreed or taxed on the standard basis.