Khera v Jones (LSD) [2005] NSWADTAP [2005] NSWADTAP 36

Khera v Jones (LSD) [2005] NSWADTAP [2005] NSWADTAP 36

Where a decision of the Tribunal is set aside due to disqualification for bias affecting a tribunal member, any consequential orders are also invalid and must be set aside; the application affected by such orders should be remitted for redetermination by a differently constituted Tribunal.

Parties
Appellant: Jaswant Khera; Respondent: Ian Jones
Jurisdiction
Australia
Judgment Date
12 July 2005
Procedural Posture
Appeal / Decision
Outcome
order set aside and matter remitted
Legal Topics
Bias, Witness Expenses, Summons, Jurisdiction, Disciplinary Proceedings
Administrative Law Bias Witness Expenses Summons Jurisdiction Disciplinary Proceedings

Case Brief

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Parties

Jaswant Khera

Appellant

Ian Jones

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the Tribunal's order requiring Mr Khera to pay Mr Jones' expenses and costs of compliance with the summons should be set aside due to apprehended bias
  2. 2 Whether an order made by a tribunal subsequently found to be affected by bias is a nullity

Ratio Decidendi

Where a decision of the Tribunal is set aside due to disqualification for bias affecting a tribunal member, any consequential orders are also invalid and must be set aside; the application affected by such orders should be remitted for redetermination by a differently constituted Tribunal.

Court Disposition

order set aside and matter remitted

Orders

  • Order under appeal set aside.
  • The respondent's application is remitted to the Tribunal, as now constituted, for redetermination.