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PEP11 future legal action - the Pathfinder precedent, page-398

  1. 1,896 Posts.
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    hhhmmmm....
    Does JEDA have an open mind after making his 'Prelim Review to REFUSE'????

    " Decision-makers, including judicial decision-makers, sometimes approach their
    task with a tendency of mind, or predisposition, sometimes one that has been publicly
    expressed, without being accused or suspected of bias. The question is not whether a
    decision-maker's mind is blank; it is whether it is open to persuasion
    . …

    … The state of mind described as bias in the form of prejudgment is one so committed
    to a conclusion already formed as to be incapable of alteration, whatever evidence or
    arguments may be presented. Natural justice does not require the absence of any
    predisposition or inclination for or against an argument or conclusion. …
    "

    This statement is from Justice Jackson's Consent Order quashing the Scummbo decision. He is quoting other Justices in another case to back up the bias decision -
    "In Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 at [71]-[72], Gleeson CJ and Gummow J"

    SoOoo.. JEDA - U can make that Prelim statement on PEP11 - but
    " The question is not whether a decision-maker's mind is blank; it is whether it is open to persuasion " upon receipt and review of Asset's response/submission to your concerns????

    JEDA???
 
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