ABSTRACT

Mr Cornelis Petrus Maria Van de Hurk was a dairy farmer. On 29 June 1984 he filed a claim for a larger levy-free quantity of milk. His claim was rejected by the Director of Agriculture and Food Supply on 1 November 1984. His appeal to the Minister of Agriculture and Fisheries was dismissed He appealed unsuccessfully to the Industrial Appeals Tribunal. He complained that his case had not been dealt with by an independent and impartial tribunal, since the Crown and thus the Minister could decide that a judgment of the Tribunal should not be implemented or suspend its execution. He claimed that he had not been afforded a fair hearing by the Tribunal and that in its judgment the Tribunal had not, or not sufficiently, dealt with various arguments which he had advanced. Comm found by majority (12-5) V 6(1).