Similarly, the House of Lords reheard the General Pinochet appeal on the basis that one of their number, who heard the earlier appeal, had an interest in the case by virtue of his involvement in a civil rights orginisation who were opposed to General Pinochet. Everyone affected by a decision should have an opportunity to state his case. Even God himself did not pass sentence upon Adam before he was called upon to make his defence. Where a body has in the past come to a decision they must be consistent in the future in their decision making process. This has been described as legitimate expectations but is more commonly understood as consistency.
Legitimate expectations can arise from past conduct.
Previous decisions do not necessarily bind an authority and a change in circumstances or by giving fair notice of a change in policy can allow a public body to distinguish its current policy and decision making from the past. A public body may abuse its power where it uses a legitimate power in a way unintended by parliament. Abuse of power may be exercised in good or bad faith. A public authority acts in bad faith where it acts dishonestly, maliciously or out of animosity. In the Municipal Council of Sidney, S compulsorily purchased land, not in order to extend municipal buildings, as it was entitled to do, but to benefit from increasing land values.