Suzanne Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor; Brian Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257

Suzanne Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor; Brian Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257

Section 20(2)(b) requires that the reasons in the relevant disciplinary notices be the same but does not require identical wording or information. The notices to Mr and Mrs Frugtniet complied with this requirement, and the Tribunal and Appeal Panel did not err in considering all relevant material. There was no error of law or procedural unfairness.

Jurisdiction
Australia
Judgment Date
05 August 2005
Procedural Posture
Appeal / New South Wales Court of Appeal – Appeal From Administrative Decisions Tribunal (appeal Panel)
Outcome
Appeals dismissed with costs
Legal Topics
['merits Review' 'jurisdictional Requirements' 'procedural Fairness' 'disciplinary Proceedings' 'travel Agents Act 1986']
['administrative Law'] ['merits Review' 'jurisdictional Requirements' 'procedural Fairness' 'disciplinary Proceedings' 'travel Agents Act 1986']

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Procedural Posture

Appeal / New South Wales Court of Appeal – Appeal From Administrative Decisions Tribunal (appeal Panel)

Legal Issues

  1. 1 ['Whether s 20(2)(b) of the Travel Agents Act 1986 requires the reasons specified in the notice to the appellants to be the same as those in the notice to the licensee and if non-compliance removes jurisdiction to act' "Whether the Tribunal and Appeal Panel took into account irrelevant considerations beyond the 'matter' referred to in s 20(1)" 'Whether procedural fairness was denied, including compliance with the rule in Browne v Dunn' "Applicability of the test for 'involved in the conduct of the business' under s 20(1)(i)"]

Ratio Decidendi

Section 20(2)(b) requires that the reasons in the relevant disciplinary notices be the same but does not require identical wording or information. The notices to Mr and Mrs Frugtniet complied with this requirement, and the Tribunal and Appeal Panel did not err in considering all relevant material. There was no error of law or procedural unfairness.

Court Disposition

Appeals dismissed with costs

Orders

  • ['Appeals dismissed with costs']