Sullivan v ADT [2000] NSWSC 386

New South Wales Supreme Court

CITATION : Sullivan v ADT [2000] NSWSC 386 revised - 14/09/2000 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2217/2000 HEARING DATE(S) : 27 April and 5 May 2000 JUDGMENT DATE : 5 May 2000

Timothy Matthew Sullivan (Plaintiff) PARTIES : Administrative Decisions Tribunal (First Defendant) The Law Society of New South Wales (Second Defendant) JUDGMENT OF : Windeyer J at 1

Mr B.A. Caffrey (Plaintiff) COUNSEL : submitting appearance (First Defendant) Dr J.E. Griffiths (Second Defendant) in person (Plaintiff) SOLICITORS : submitting appearance (First Defendant) Mr P. Boyd (Second Defendant) CATCHWORDS : ADMINISTRATIVE LAW - JUDICIAL REVIEW - BIAS - whether comments by Presiding Member of Tribunal evidenced bias or prejudgment - whether apprehension of bias or prejudgment established an objective standard of a reasonable and fair minded observer in that context - whether judicial review available - whether powers of Supreme Court should be exercised in view of alternative proceedings available LEGISLATION CITED : Legal Profession Act 1987. Administrative Decisions Tribunal Act 1997, ss 6(i)(g), 7, 112, 122, 123 CASES CITED : Lloyd v Veterinary Investigation Committee (1999) NSW CA 68 DECISION : See paragraph 16

1 IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER, J

FRIDAY 5 MAY 2000.

2217/00 TIMOTHY MATTHEW SULLIVAN v ADMINISTRATIVE DECISIONS TRIBUNAL & ANOR.

JUDGMENT:

1 HIS HONOUR: This is the final hearing in proceedings where I gave an interlocutory judgment on 27 April 2000, as a result of which I made an interlocutory order restraining until further order the Administrative Decisions Tribunal as constituted for the hearing of an information brought against the plaintiff in the present proceedings, Mr Sullivan, pursuant to s 167 of the Legal Profession Act 1987.