Minister for Infrastructure and Planning -v- Conway [2004] NSWADT 68

Minister for Infrastructure and Planning -v- Conway [2004] NSWADT 68

The Tribunal is not disqualified on grounds of apprehended bias since its conduct was consistent with its statutory responsibilities and did not logically affect impartiality; waiver applies due to delay and legal representation; no special circumstances justify a costs order; the Tribunal's jurisdiction encompasses both the Construction and Occupation Certificates as part of the same complaint, and findings may be made on both unsatisfactory professional conduct and professional misconduct in accordance with the statute.

Jurisdiction
Australia
Judgment Date
08 April 2004
Procedural Posture
Application / Preliminary Matters
Outcome
Applications dismissed
Legal Topics
['apprehended Bias' 'costs' 'jurisdiction of Tribunal' 'disciplinary Proceedings' 'statutory Interpretation']
['administrative Law' 'planning Law' 'professional Discipline'] ['apprehended Bias' 'costs' 'jurisdiction of Tribunal' 'disciplinary Proceedings' 'statutory Interpretation']

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Procedural Posture

Application / Preliminary Matters

Legal Issues

  1. 1 ['Whether the Tribunal should be disqualified on grounds of apprehended bias' 'Whether the costs application by the applicant should be allowed' "Whether the Tribunal's jurisdiction is limited to the specific complaints or conduct" "Whether the Tribunal's jurisdiction is limited to unsatisfactory professional conduct or extends to professional misconduct"]

Ratio Decidendi

The Tribunal is not disqualified on grounds of apprehended bias since its conduct was consistent with its statutory responsibilities and did not logically affect impartiality; waiver applies due to delay and legal representation; no special circumstances justify a costs order; the Tribunal's jurisdiction encompasses both the Construction and Occupation Certificates as part of the same complaint, and findings may be made on both unsatisfactory professional conduct and professional misconduct in accordance with the statute.

Court Disposition

Applications dismissed

Orders

  • ['Application for disqualification on ground of apprehended bias is dismissed' 'Application for costs by Minister for Infrastructure and Planning is dismissed' "Both Mr Conway's applications in relation to restrictions on the Tribunal's jurisdiction are dismissed"]