The Obligation Of A Review Panel To Give Reasons

Bojko v ICM Property Service Pty Limited & Ors [2009] NSWCA 175 (2 July 2009)

Allsop P, Giles JA, Handley AJA

In Brief

• The quality and clarity of reasons given by an administrative law maker continue to be informed by the High Court's decision in Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] 185 CLR 259 ("MIA v Liang") where a Court should not be concerned with the "looseness in the language" invoked by an administrative decision maker.

• A statutorily constituted Authority has no duty to provide cogent reasons as to its decisions unless such a requirement is contained within the constituting legislation and supporting regulations.

Background