HALL v RELEASE ON LICENCE BOARD [1989] NSWCA 95

HALL v RELEASE ON LICENCE BOARD [1989] NSWCA 95

The Board gave Hall procedural fairness by affording access to the full file and opportunities for submission; allegations of procedural unfairness were not substantiated and the claimant's solicitor consented to the process. Consideration of pending charges was restricted and consented to, and the Board properly exercised its discretion in recommending revocation.

Parties
Claimant: Hall; Opponent: Release on Licence Board
Jurisdiction
Australia
Judgment Date
27 June 1989
Procedural Posture
Summons for Declaration and Review / Court of Appeal Judgment
Outcome
claim dismissed
Legal Topics
Procedural Fairness, Release on Licence, Revocation of Licence, Practice and Procedure
Criminal Law Administrative Law Procedural Fairness Release on Licence Revocation of Licence Practice and Procedure

Case Brief

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Parties

Hall

Claimant

Release on Licence Board

Opponent

Procedural Posture

Summons for Declaration and Review / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Release on Licence Board's recommendation for the revocation of Hall's licence was void for want of procedural fairness
  2. 2 Whether the Board took into account allegations relating to pending criminal charges improperly

Ratio Decidendi

The Board gave Hall procedural fairness by affording access to the full file and opportunities for submission; allegations of procedural unfairness were not substantiated and the claimant's solicitor consented to the process. Consideration of pending charges was restricted and consented to, and the Board properly exercised its discretion in recommending revocation.

Court Disposition

claim dismissed

Orders

  • summons dismissed with costs
  • liberty reserved to claimant to restore the summons within seven days for costs only