Transport Appeals Board breaches natural justice (Malta, Court of Appeal)

18 June 2010, Valletta (Ref: Appell Civili Nru 18/2010). The Court of Appeal ruled that while a ruling may be brief, it must contain all the essential elements.

The Court of Appeal was reviewing a ruling of the Transport Appeals Board. This ruling stated (translation from Maltese):
 
‘The Board:
Considered the appeal;
Considered the documents and listened to the witnesses including the appellant;
Considered;
That the case against the appellant was satisfactorily proven. This results even from the submissions of the appellant. The photos militate against the appellant.
The Board denies the appeal.’
 
The Appellant submitted to the Court of Appeal that this ruling breached the principles of natural justice.

On its part, the Court of Appeal observed that the principles of natural justice had evolved in such a manner over time,  from allowing the parties to present their case before the court or tribunal, extending to the judgement or ruling, obliging the adjudicator to explain the reasons for which a claim is either upheld or denied. The elements of fact and law must be explained in enough detail to clarify the rationale by which the adjudicator reached his conclusions. The Transport Appeals Board’s ruling from which the present appeal was lodged, did not meet these requirements.

The Court of Appeal made further observations, including that the Board dealt with the case lightly, and that the individual submissions made before it should have been addressed in the same manner.

To read the judgement proceed to http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TA%27%20L-APPELLI%20CIVILI%20(INFERJURI)/2010/2010-06-18_18-2010_61990.PDF