NSW Education Standards Authority v Yeshiva College Bondi Limited [2022] NSWCATAP 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Education Standards Authority v Yeshiva College Bondi Limited [2022] NSWCATAP 160 Hearing dates: 29 April 2022 Date of orders: 13 May 2022 Decision date: 13 May 2022 Jurisdiction: Appeal Panel Before: The Hon Jennifer Boland AM (Deputy President) A Suthers (Principal Member) Decision: 1.Leave to appeal is granted. 2.The appeal is allowed. 3.The decision of the Senior Member of 10 March 2022 is set aside and the Respondent's application for disqualification of the Senior Member is allowed. 4.The matter is referred to the President of the Tribunal for reconstitution under s27 (2) of the Civil and Administrative Tribunal Act 2013 (NSW) 5.The matter is to be listed for directions at a date and time to be notified to the parties by the Registrar to fix new hearing dates. Catchwords: APPEALS – Leave to appeal – principles governing – Public importance – Nature of appeal – appeal by rehearing - procedural fairness – Bias or apprehension of bias. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education Act 1900 (NSW) Cases Cited: ANC High School Pty Ltd v The Board of Studies [2012] NSWADT 125 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Collins v Urban [2014] NSWCATAP 17 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; 176 ALR 644; 75 ALJR 277; [2000] HCA 63 Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20. Johnson v Johnson (2000) 201 CLR 488; 174 ALR 655; 74 ALJR 1380; [2000] HCA 48 Polsen v Harrison [2021] NSWCA 23 Re JRL; Ex parte CJL [1986] HCA 39; (1986) 161 CLR 342 Webb v The Queen (1993-1994) 181 CLR 41 ZOF v NSW Trustee and Guardian [2020] NSWCATAP 167 Texts Cited: None cited Category: Principal judgment Parties: NSW Education Standards Authority (Appellant) Yeshiva College Bondi Limited (Respondent) Representation: Counsel: C Ronalds AO SC with D Fuller (Appellant) J Curtin (Respondent)