Minister for Infrastructure and Planning -v- Conway [2004] NSWADT 68

CITATION: Minister for Infrastructure and Planning -v- Conway [2004] NSWADT 68 DIVISION: General Division APPLICANT PARTIES: Minister for Infrastructure and Planning RESPONDENT Bradley Conway FILE NUMBER: 033215 HEARING DATES: 25/02/2004 SUBMISSIONS CLOSED: 03/19/2004 DATE OF DECISION: 04/08/2004

BEFORE: Hennessy N - Magistrate (Deputy President); Wren G - Non Judicial Member APPLICATION: Bias - Costs - Jurisdiction MATTER FOR DECISION: Preliminary mattters Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Veterinary Surgeons Act 1986 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 75 ALJR 277 Gelderman -v- Veterinary Surgeons Investigating Committee (VSIC) (GD) [2001] NSWADTAP 27 Burton v Anderson, unreported (Court of Appeal, CA 40030/92, 28 October 1994) Vakauta v Kelly (1988) 13 NSWLR 502 CASES CITED: R v Lilydale Deputy Presidents' Court, ex party Ciccone [1073] VR 122 Mangoplah Pastoral Company Pty Ltd -v- Great Southern Energy (No. 2) [2000] NSWADT 4 Bank of NSW v Commonwealth (1948) 76 CLR 1 Grannall v Marrickville Margarine Pty Ltd (1955) 93 CLR 36 Mills v Meeking (1990) 91 ALR 16 Murray v Legal Services Commissioner [1999] 46 NSWLR 224 APPLICANT REPRESENTATION: M Leeming, barrister RESPONDENT P McEwen SC with J Whyte, barristers ORDERS: 1. Application for disqualification on ground of apprehended bias is dismissed; 2. Application for costs by Minister for Infrastructure and Planning is dismissed; 3. Both Mr Conway's applications in relation to restrictions on the Tribunal's jurisdiction are dismissed.