Building Professionals Board v Hans (GD) [2008] NSWADTAP 13

Building Professionals Board v Hans (GD) [2008] NSWADTAP 13

The Panel exercised its discretion to grant leave for the appeal to extend to the merits and to admit further evidence because the evidence was likely to have produced a different result regarding penalties and findings had it been tendered at first instance, and such admission was consonant with public interest and procedural fairness in disciplinary proceedings.

Jurisdiction
Australia
Judgment Date
12 March 2008
Procedural Posture
Internal Appeal / Application for Leave to Extend Appeal to Merits/adduce Further Evidence
Outcome
Leave granted for appeal to extend to merits and for admission of further evidence; appeal set down for directions.
Legal Topics
['leave to Extend Appeal to Merits' 'admission of Further Evidence' 'disciplinary Proceedings' 'unsatisfactory Professional Conduct' 'professional Misconduct']
['administrative Law' 'professional Discipline'] ['leave to Extend Appeal to Merits' 'admission of Further Evidence' 'disciplinary Proceedings' 'unsatisfactory Professional Conduct' 'professional Misconduct']

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Procedural Posture

Internal Appeal / Application for Leave to Extend Appeal to Merits/adduce Further Evidence

Legal Issues

  1. 1 ['Should leave be granted for the appeal to extend to the merits?' 'Should leave be granted to admit further evidence in the appeal?']

Ratio Decidendi

The Panel exercised its discretion to grant leave for the appeal to extend to the merits and to admit further evidence because the evidence was likely to have produced a different result regarding penalties and findings had it been tendered at first instance, and such admission was consonant with public interest and procedural fairness in disciplinary proceedings.

Court Disposition

Leave granted for appeal to extend to merits and for admission of further evidence; appeal set down for directions.

Orders

  • ['Leave granted for appeal to extend to a review of the merits.' 'Leave granted for admission of further evidence by the appellant at hearing.' 'Appeal set down for further directions at a date/time to be fixed by the Registry in consultation with parties.']