Howe v Administrative Decisions Tribunal of New South Wales & ors [2003] NSWSC 157

Howe v Administrative Decisions Tribunal of New South Wales & ors [2003] NSWSC 157

The plaintiff was not denied procedural fairness because he was given two opportunities to make submissions on penalty, and there is no basis for apprehended bias as the Tribunal's publication of 'proposed orders' did not indicate a closed mind and allowed further submissions.

Jurisdiction
Australia
Judgment Date
13 March 2003
Procedural Posture
Amended Summons / Judgment at First Instance
Outcome
Summons dismissed with costs.
Legal Topics
['procedural Fairness' 'disciplinary Tribunal' 'apprehended Bias' 'denial of Natural Justice' 'opportunity to Make Submissions on Penalty']
['administrative Law'] ['procedural Fairness' 'disciplinary Tribunal' 'apprehended Bias' 'denial of Natural Justice' 'opportunity to Make Submissions on Penalty']

Case Brief

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Procedural Posture

Amended Summons / Judgment at First Instance

Legal Issues

  1. 1 ['Whether the plaintiff was denied natural justice or procedural fairness by being denied a separate hearing on penalty after findings were made.' "Whether there was actual or apprehended bias due to the manner of publication of 'proposed orders'."]

Ratio Decidendi

The plaintiff was not denied procedural fairness because he was given two opportunities to make submissions on penalty, and there is no basis for apprehended bias as the Tribunal's publication of 'proposed orders' did not indicate a closed mind and allowed further submissions.

Court Disposition

Summons dismissed with costs.

Orders

  • ['The Summons is dismissed.' 'Costs awarded against the plaintiff.']