Cheer v Eastlakes Golf Club Limited/Kerr v Eastlakes Golf Club Limited [2002] NSWSC 1240

Cheer v Eastlakes Golf Club Limited/Kerr v Eastlakes Golf Club Limited [2002] NSWSC 1240

The disciplinary decisions were set aside because the charges against both plaintiffs were misleading, complicated, ambiguous and uncertain, causing confusion as to the offence charged or the conduct said to give rise to it. The tribunal members had differing understandings of what had to be proved, and the plaintiffs could not know what precise case they had to answer. This amounted to a denial of natural justice and caused the disciplinary proceedings to miscarry.

Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Proceedings Challenging Disciplinary Decisions of a Golf Club Domestic Tribunal on Procedural Fairness Grounds / Final Judgment After Hearing
Outcome
The decisions of the tribunal were set aside and the defendant was ordered to pay the plaintiffs' costs in each case.
Legal Topics
['procedural Fairness' 'natural Justice' 'domestic Tribunals' 'club Disciplinary Proceedings' 'notice of Charge' 'ambiguous Charges']
['administrative Law' 'equity' 'associations and Clubs'] ['procedural Fairness' 'natural Justice' 'domestic Tribunals' 'club Disciplinary Proceedings' 'notice of Charge' 'ambiguous Charges']

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Procedural Posture

Proceedings Challenging Disciplinary Decisions of a Golf Club Domestic Tribunal on Procedural Fairness Grounds / Final Judgment After Hearing

Legal Issues

  1. 1 ["Whether the Board of Directors' decisions suspending the plaintiffs from playing and social privileges of the Club for three years were valid." 'Whether the plaintiffs were denied natural justice or procedural fairness because the disciplinary charges were ambiguous and uncertain.' 'Whether the charges gave proper notice of the conduct alleged to constitute conduct unbecoming a member or conduct prejudicial to the interests of the Club.']

Ratio Decidendi

The disciplinary decisions were set aside because the charges against both plaintiffs were misleading, complicated, ambiguous and uncertain, causing confusion as to the offence charged or the conduct said to give rise to it. The tribunal members had differing understandings of what had to be proved, and the plaintiffs could not know what precise case they had to answer. This amounted to a denial of natural justice and caused the disciplinary proceedings to miscarry.

Court Disposition

The decisions of the tribunal were set aside and the defendant was ordered to pay the plaintiffs' costs in each case.

Orders

  • ['The decision of the tribunal is set aside in each case.' "The defendant is to pay the plaintiff's costs in each case."]