McCloy v Latham

McCloy v Latham is a case before the court concerning a challenge to the impartiality of the Commissioner of the Independent Commission Against Corruption (ICAC) by the plaintiff, McCloy, who was a witness in an inquiry conducted by ICAC. McCloy argues that the Commissioner might not bring an open mind to the findings of the inquiry against him, raising issues of apprehended bias. The court was tasked with determining whether the Commissioner's conduct could reasonably lead a fair-minded lay observer to apprehend bias.

The central legal issue was whether the cumulative effect of the Commissioner's conduct during the ICAC proceedings could lead a fair-minded lay observer to apprehend bias. The court examined the conduct in question, which consisted of numerous episodes both before and during the ICAC proceedings, and found that none of these episodes, taken individually, could reasonably lead to such an apprehension. The court also considered whether the conduct of counsel assisting, rather than the Commissioner herself, could be attributed to the Commissioner. Much of the conduct in question was found to be explicable by the context of the proceedings. The court further examined whether there was a rational connection between the impugned conduct and the allegation that the Commissioner would not bring an open mind to her task.

The court concluded that the cumulative effect of the episodes did not lead to a reasonable apprehension of bias. The court found that the many episodes were explicable by the context of the proceedings, and no rational connection was demonstrated between the impugned conduct and the allegation of bias. Consequently, the court ruled that a fair-minded lay observer could not reasonably form the apprehension suggested by McCloy. The court dismissed the application for judicial review.