KT v Sydney South West Area Health Service [2010] NSWADT 131

CITATION: KT v Sydney South West Area Health Service [2010] NSWADT 131

DIVISION: General Division

APPLICANT KT PARTIES: RESPONDENT Sydney South West Area Health Service

FILE NUMBER: 103029, 103075, 093255

HEARING DATES: 20 April 2010

SUBMISSIONS CLOSED: 20 April 2010

EXTEMPORE DECISION DATE: 20 April 2010 BEFORE: Molony P - Judicial Member

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997

Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 KT v Sydney South West Area Health Service [2010] NSWADT 94 CASES CITED: Laws v Australian Broadcasting Tribunal [1990] HCA 31; 170 CLR 70 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Murlan Consulting v Ku-ring-gai Municipal Council [2009] NSWCA 300 Re JRL; Ex parte CJL [1986] HCA 39; 161 CLR 342

APPLICANT In person REPRESENTATION: RESPONDENT B Woolley, solicitor

ORDERS: I refuse KT's application that I disqualify myself.

REASONS FOR DECISION

Introduction 1 KT has asked that I disqualify myself from hearing and determining all applications made by him which have been allocated to me. He initially made that application in writing on 3 March 2010.

2 I considered the issue at a planning meetings in respect of a number of those matters held on 20 April 2010. I considered the issues best ventilated in that forum, and not appropriate for determination following an exchange of letters. Immediately before the planning meeting KT again wrote requesting that I disqualify myself. I asked him to address the matters he relied on in that meeting, and sought the Sydney South West Area Health Service's (SSWAHS) submission in response.