Zonnevylle v Secretary, Department of Education [2022] NSWCATAP 297

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Secretary, Department of Education [2022] NSWCATAP 297 Hearing dates: 12 August 2022 Date of orders: 12 August 2022 Decision date: 09 September 2022 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member Dr J Lucy, Senior Member Decision: 1. The Appellant's application for leave to record the hearing of the proceedings is dismissed. 2. The Appellant's applications that Principal Member Coleman recuse himself are dismissed. 3. The Appellant's applications that Senior Member Lucy recuse herself are dismissed. 4. The Appellant's application that the Tribunal call witnesses under s 46 of the Civil and Administrative Tribunal Act 2013 (NSW) is dismissed. Catchwords: PRACTICE AND PROCEDURE – Whether Tribunal members should give the Appellant leave to record the proceedings by the Appellant - Whether a reasonable apprehension of bias arises in relation to each member of Tribunal – Whether each member of Tribunal has displayed actual bias – Whether the Tribunal should call witnesses of its own motion Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Court Security Act 2005 (NSW) Court Security Regulation 2021 (NSW) Judicial Officers Act 1986 (NSW) Supreme Court Act 1970 (NSW) District Court Act 1973 (NSW) Local Court Act 2007 (NSW) Cases Cited: Application of Fairfax Media Publications Pty Limited; NSW Crime Commission v Yucel [2017] NSWSC 1779 Collier v Country Women's Association of New South Wales [2018] NSWCA 36 Esso Australia Resources Limited v Plowman [1995] HCA 19; (1995) 183 CLR 10 John Fairfax & Sons Pty Limited v Police Tribunal of NSW [1986] 5 NSWLR 465 John Fairfax Publications Pty Limited v Ryde Local Council [2005] NSWCA 101; [2005] 62 NSWLR 512 Jones v National Coal Board [1975] 2 QB 55 Kenny v Trip Up Deal Pty Limited [2021] NSWCATCD 60 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Serafin v Malkiewicz [2020] UKSC 23 Smith v Harris [1996] 2VR 335; (1996) VicRp 70 The Queen v Colin Bouwer [2002] NZCA 146 Category: Procedural rulings Parties: Peter Zonnevylle (Appellant) Secretary, Department of Education (Respondent) Representation: Solicitors: Appellant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00036436 Publication restriction: Unrestricted Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2021] NSWCATAD 361 Date of Decision: 03 December 2021 Before: S Higgins, Senior Member File Number(s): 2020/45500