HARRIS v LEANEY [1991] NSWCA 145

HARRIS v LEANEY [1991] NSWCA 145

The District Court judge failed to accord procedural fairness to the claimant in making orders striking out and reinstating proceedings and as to costs without first giving the parties affected an adequate opportunity to be heard; this procedural defect requires the orders to be quashed and the proceedings remitted for rehearing, regardless of whether the judge had power to make the orders under the Rules.

Parties
Claimant: Stephen Harris; First Opponent: Peter Leaney; Second Opponent: Madgwick DCJ
Jurisdiction
Australia
Judgment Date
03 July 1991
Procedural Posture
Judicial Review (certiorari) From District Court / Appeal (court of Appeal)
Outcome
Judicial review granted; orders of District Court quashed; matter remitted to District Court for rehearing.
Legal Topics
Natural Justice, Procedural Fairness, Reasonable Apprehension of Bias, Costs Orders, Certiorari, Particularisation of Claim, Motor Accidents Act Compliance
Administrative Law Civil Procedure Motor Vehicle Law Natural Justice Procedural Fairness Reasonable Apprehension of Bias Costs Orders Certiorari +2 more

Case Brief

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Parties

Stephen Harris

Claimant

Peter Leaney

First Opponent

Madgwick DCJ

Second Opponent

Procedural Posture

Judicial Review (certiorari) From District Court / Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the District Court judge had power to strike out and reinstate proceedings and order as to costs.
  2. 2 Whether procedural fairness was denied by the District Court judge in the making of the orders and in not giving parties opportunity to be heard.
  3. 3 Whether remarks and interventions of the trial judge gave rise to a reasonable apprehension of bias.

Ratio Decidendi

The District Court judge failed to accord procedural fairness to the claimant in making orders striking out and reinstating proceedings and as to costs without first giving the parties affected an adequate opportunity to be heard; this procedural defect requires the orders to be quashed and the proceedings remitted for rehearing, regardless of whether the judge had power to make the orders under the Rules.

Court Disposition

Judicial review granted; orders of District Court quashed; matter remitted to District Court for rehearing.

Orders

  • Record of proceedings in matter number 70153 of 1990 to be called up from the District Court.
  • Orders made in such proceedings on 23 November 1990 by Madgwick QC quashed.