Western Australian Planning Commission v The Board of Valuers

The Western Australian Planning Commission sought review of a decision of the Board of Valuers. The Commission alleged that the Board owed it a duty of procedural fairness and that the duty was breached. The Board contended that the Commission's appeal was not receivable because the Board was not subject to the requirements of natural justice. The Full Court of the Supreme Court of Western Australia considered the issues of whether the Board owed the Commission a duty of procedural fairness and, if so, whether the duty was breached. The Court found that the Board owed the Commission a duty of procedural fairness because the Board was exercising a statutory power that was administrative in nature and that affected the legal rights of the Commission. The Court held that the Board breached the duty of procedural fairness by failing to give the Commission notice of the opportunity to make representations before the Board made its decision. The Court found that the Board's failure to give notice of the opportunity to be heard was not a trivial procedural irregularity and that the decision of the Board was invalid.

The Western Australian Planning Commission appealed against a decision of the Board of Valuers. The Board had valued land owned by the Commission, and the Commission contended that the Board had breached the rules of natural justice by failing to give it notice of the opportunity to make representations to the Board before the Board made its decision. The Board argued that it was not subject to the requirements of natural justice because it was a creature of statute and that the statute did not confer jurisdiction on the Board to hear representations from the Commission. The Court held that the Board owed the Commission a duty of procedural fairness. The Court found that the Board was exercising a statutory power that was administrative in nature and that affected the legal rights of the Commission. The Court held that the Board breached the duty of procedural fairness by failing to give the Commission notice of the opportunity to make representations to the Board before the Board made its decision. The Court found that the Board's failure to give notice of the opportunity to be heard was not a trivial procedural irregularity and that the decision of the Board was invalid. The appeal was allowed.