Kalwun Development Corporation Limited v Lindenberg

In the case of Kalwun Development Corporation Limited v Lindenberg, the dispute arose from a residential tenancy matter that had been reopened. The adjudicator who had decided on the reopening subsequently heard an application for termination. Following this, the lessor, Kalwun Development Corporation Limited, appealed the tribunal’s decision. The primary issue for the court was whether the lessor was entitled to leave to appeal, particularly considering the alleged bias of the adjudicator. The adjudicator had not only decided on the reopening of the proceeding but also heard the application for termination, raising concerns about potential bias.

The court examined whether the adjudicator's involvement in both stages of the proceeding could be considered a ground for alleging bias. The lessor argued that the adjudicator’s dual role potentially compromised the impartiality required in legal proceedings. The court considered the nature of the bias alleged and whether it was sufficiently serious to warrant an appeal. It scrutinised whether the adjudicator's actions demonstrated a real likelihood of bias, which would justify setting aside the tribunal's decision.

After careful consideration, the court concluded that the alleged bias did not reach the threshold necessary to grant leave to appeal. The court found that the adjudicator’s involvement in both stages of the proceeding did not inherently result in a real likelihood of bias. The decision to deny leave to appeal was based on the court's assessment that the lessor had not demonstrated sufficient grounds for alleging bias. The court determined that the tribunal's decision should stand as it did not find any substantial procedural error that would warrant an appeal. Consequently, the application for leave to appeal was dismissed.