Wharton v Conrad International Hotel Corporation

In the case of Wharton versus Conrad International Hotel Corporation, the Anti-Discrimination Tribunal Queensland was called upon to resolve a dispute regarding alleged discriminatory practices by Conrad International Hotel Corporation against the plaintiff, Wharton. The matter was appealed to a higher court, raising questions about the impartiality of the tribunal member, Mr Greg Sowden, and whether his prior involvement with the plaintiff's legal representatives constituted a reasonable apprehension of bias.

The central legal issue revolved around the application of the doctrine of judicial impartiality. Specifically, the court had to determine if Mr Greg Sowden's prior familiarity with the plaintiff's counsel, which he acknowledged, was sufficient to give rise to a reasonable apprehension of bias. The court had to examine if a fair-minded lay observer, having the same knowledge of the circumstances, would reasonably apprehend that Mr Sowden might not bring an impartial and unbiased mind to the resolution of the matter.

In reaching its decision, the court considered the principles established in the case of Ebner v Official Trustee in Bankruptcy. It was held that the test for determining whether there was a reasonable apprehension of bias involved an objective assessment of the circumstances. The court concluded that the fair-minded lay observer, informed about the relationship between Mr Sowden and the plaintiff's counsel, would likely apprehend a lack of impartiality. Consequently, the court found that the apprehension of bias was reasonably held and that the decision made by Mr Greg Sowden on 19 November 1999 was flawed. The appeal was allowed, the decision was quashed, and the matter was remitted for further hearing before the Anti-Discrimination Tribunal Queensland.