WILSON v HANG GLIDING FEDERATION OF AUSTRALIA INCORPORATED [1997] NSWCA 348

WILSON v HANG GLIDING FEDERATION OF AUSTRALIA INCORPORATED

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SHELLER and POWELL JJA, and DUNFORD AJA 21 February 1997, 15 April 1997 [1997] NSWCA 348

Administrative Law — Domestic tribunal — Hang Gliding Federation — Disciplinary tribunal — Appeals tribunal — Purported decision beyond power — Whether Federation liable in damages for actions of tribunals.

Administrative Law — Domestic tribunal — Disciplinary tribunal — Appeals tribunal — Purported decision beyond power — Whether members of tribunal liable to, or immune from action for damages

Contract — Construction — Implied terms — Incorporated association — Rules — Disciplinary tribunal — Appeals tribunal — Whether there ought to be implied in Rules a term that tribunals would not act beyond power — Whether there ought to be implied in Rules a term that natural justice would be observed in any disciplinary proceeding against a member.

Sheller JA

INTRODUCTION

I have had the benefit of reading the judgment of Powell JA. His Honour has set out the relevant parts of Civil Aviation Order (CAO) 95.32, and of the Rules of the respondent, Hang Gliding Federation of Australia Incorporated.

The appellant, Martin Peter Wilson, held a Chief Flying Instructor Certificate which was an "appropriate flight instructor certificate" as defined in CAO 95.32, s2.1. On 29 April 1994 a Disciplinary Tribunal appointed pursuant to Pt5 of the Rules purported to cancel this certificate from the date of the decision. Mr Wilson appealed to the Appeal Tribunal constituted under Pt5 of the Rules, which varied this order by confirming the cancellation, but to take effect on the date when notice of the decision in the ordinary course would have been received by the appellant (r5.10), and imposing a regime for the grant of other instructor certificates after periods of suspension.