Mitchell v Royal New South Wales Canine Council Limited [2001] NSWCA 162

Reported Decision : 52 NSWLR 242

New South Wales Court of Appeal

CITATION : Mitchell v Royal New South Wales Canine Council Limited [2001] NSWCA 162 FILE NUMBER(S) : CA 40364/00 HEARING DATE(S) : 14/08/01 JUDGMENT DATE : 27 August 2001

PARTIES : Colleen Terris Mitchell v Royal New South Wales Canine Council Limited JUDGMENT OF : Mason P at 1; Stein JA at 2; Ipp AJA at 3

LOWER COURT JURISDICTION : Supreme Court LOWER COURT SC 11356/99 FILE NUMBER(S) : LOWER COURT Simpson J JUDICIAL OFFICER :

COUNSEL : P Roberts SC/ M Green (Appellant) R Beech-Jones (Respondent) SOLICITORS : Horowitz & Vilinsky (Appellant) Henry Davis York (Respondent) CATCHWORDS : VOLUNTARY ASSOCIATIONS - disciplinary proceedings - jurisdiction of court to intervene - nature of charges made by voluntary association - duplicitous charges - unfairness and ambiguity of charges. D Scandrett v Dowling (1992) 27 NSWLR 483 Australian Football League v Carlton Football Club Limited [1998] 2 VR 546 Dickason v Edwards (1910) 10 CLR 243 Hayman v Governors of Rugby School (1874) LR 18 Eq 28 CASES CITED: Johnson v Miller (1937) 59 CLR 467 Walsh v Tattersall (1996) 188 CLR 77 Vrisakis v Australian Securities Commission (1993) 9 WAR 395 Duncan v Medical Disciplinary Committee [1986] 1 NZLR 537 R v General Medical Council, Ex parte Gee [1986] 1 WLR 226 Gee v General Medical Council [1987] 1 WLR 564 DECISION : (1) The appeal is upheld (2) The orders made by Simpson J are set aside (3) The decision and orders made by the Committee of Inquiry held on 2 February 1999 are declared to be void (4) The decision and orders made by the Appeal Committee held on 15 September 1999 are declared to be void (5) The respondent to pay the appellant's costs of the proceedings before Simpson J and this appeal (6) The respondent to have a certificate under the Suitors' Fund Act, if qualified.