Rabson v Judicial Conduct Commissioner

In September 2016, Mr Rabson lodged a complaint with the Judicial Conduct Commissioner (the Commissioner) about the conduct of Cooper J. Mr Rabson alleged three acts of judicial misconduct by Cooper J in relation to a decision recorded in a minute (the Minute) issued on 28 April 2016 in proceedings in the Court of Appeal, to which Mr Rabson was not a party. The Commissioner dismissed Mr Rabson’s complaint as being outside his jurisdiction. Mr Rabson sought judicial review of that decision. The Commissioner applied to strike out Mr Rabson’s application for judicial review and for indemnity costs. The central issue was whether the Commissioner was correct to determine that he lacked jurisdiction to consider Mr Rabson’s complaints. Clifford J held that the Commissioner was correct to determine that he lacked jurisdiction to consider Mr Rabson’s complaints. The Commissioner’s determination was not irrational, did not involve procedural impropriety and was not based on irrelevant considerations. Mr Rabson’s application for judicial review was struck out and the Commissioner did not need to file a statement of defence. Indemnity costs were awarded to the Commissioner.