Davis v Sydney Harbour Foreshore Authority (No 3) [2010] NSWADT 153

Davis v Sydney Harbour Foreshore Authority (No 3) [2010] NSWADT 153

The Tribunal found that there was no basis for disqualification for bias, actual or apprehended, since no evidence was presented to indicate the Tribunal could not bring a fair and impartial mind to the matter. Further, due to the applicant's repeated failure to comply with directions and timetables, and his conduct prolonging the proceedings, it was fair to depart from the prima facie position in s.88 and order the applicant to pay the respondent's costs.

Parties
Applicant: Evan Davis; Respondent: Sydney Harbour Foreshore Authority
Jurisdiction
Australia
Judgment Date
18 June 2010
Procedural Posture
Application / Post Substantive Decision, Application for Disqualification and Costs
Outcome
Application dismissed
Legal Topics
Bias, Retail Leases, Costs
Administrative Law Commercial Law Bias Retail Leases Costs

Case Brief

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Parties

Evan Davis

Applicant

Sydney Harbour Foreshore Authority

Respondent

Procedural Posture

Application / Post Substantive Decision, Application for Disqualification and Costs

Legal Issues

  1. 1 Whether the Tribunal should disqualify itself for actual or apprehended bias
  2. 2 Appropriate award of costs under s.88 Administrative Decisions Tribunal Act 1997

Ratio Decidendi

The Tribunal found that there was no basis for disqualification for bias, actual or apprehended, since no evidence was presented to indicate the Tribunal could not bring a fair and impartial mind to the matter. Further, due to the applicant's repeated failure to comply with directions and timetables, and his conduct prolonging the proceedings, it was fair to depart from the prima facie position in s.88 and order the applicant to pay the respondent's costs.

Court Disposition

Application dismissed

Orders

  • Applicant to pay the Respondent's costs of the substantive hearing and of the hearing as to bias and costs