Zakaria (as Tutor for SA) v New South Wales Crime Commission [2016] NSWSC 506

Zakaria (as Tutor for SA) v New South Wales Crime Commission [2016] NSWSC 506

Procedural fairness or natural justice does not attach to the mere issuance of a summons to attend and give evidence by the Crime Commission; instead, such fairness is afforded at the time the person attends and can raise objections to giving evidence or to specific questions. The Commission does not deny the opportunity to object at the giving of evidence, and the process established by the legislation is not procedurally unfair merely by issuing the summons without a prior hearing.

Jurisdiction
Australia
Judgment Date
26 April 2016
Procedural Posture
Summons for Judicial Review / Final Decision at Trial
Outcome
Summons dismissed
Legal Topics
['procedural Fairness' 'natural Justice' 'statutory Construction' 'judicial Review' 'crime Commission Powers']
['administrative Law'] ['procedural Fairness' 'natural Justice' 'statutory Construction' 'judicial Review' 'crime Commission Powers']

Case Brief

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Procedural Posture

Summons for Judicial Review / Final Decision at Trial

Legal Issues

  1. 1 ['Does procedural fairness apply to the issuing of a summons by the New South Wales Crime Commission?' 'Is the plaintiff entitled to procedural fairness before the summons to give evidence is issued?']

Ratio Decidendi

Procedural fairness or natural justice does not attach to the mere issuance of a summons to attend and give evidence by the Crime Commission; instead, such fairness is afforded at the time the person attends and can raise objections to giving evidence or to specific questions. The Commission does not deny the opportunity to object at the giving of evidence, and the process established by the legislation is not procedurally unfair merely by issuing the summons without a prior hearing.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed' "The plaintiff shall pay the first defendant's costs of and incidental to the proceedings, as agreed or assessed" 'Leave is reserved to either party to apply for a different or special order for costs within 14 days']