Ritson v Ryan

In the case of Ritson v Ryan, the dispute between the parties centred on the adjudicator's decision regarding the incorporation of terms and conditions into contracts made by the assignors. The Queensland Civil and Administrative Tribunal was tasked with resolving the matter. The legal issues primarily revolved around the adjudicator's impartiality, the potential for reasonably apprehended bias, and the procedural fairness afforded to the parties.

The court examined whether the adjudicator's remarks could reasonably lead a lay observer to apprehend bias. Although Mr Ritson did not argue that there was actual bias, the court considered the principle that the apprehension of bias could undermine the integrity of the judicial system. The court found that the Ebner test for reasonably apprehended bias was satisfied. It was noted that the failure of the appellant to object to the remarks during the trial could be interpreted as a waiver of the right to later object to the adjudicator's impartiality. However, the court held that the appellant's right to object was not waived because the remarks were effectively revived in the adjudicator's reserved judgment.

The court granted leave to appeal and allowed the appeal on the basis that the adjudicator's decision was flawed due to the reasonably apprehended bias. The decision made on 31 January 2018 was set aside, and the application was remitted to the tribunal for reconsideration with specific directions. The tribunal was directed to address certain issues, including the definition of 'trader', incorporation of terms and conditions, and any further evidence or submissions required. The tribunal was also instructed to list the application for hearing after 28 November 2018, ensuring that the hearing was conducted by an adjudicator who had not previously made a decision that was reversed on appeal.