LLOYD v VETERINARY SURGEONS INVESTIGATING COMMITTEE [2002] NSWCA 224

New South Wales Court of Appeal

CITATION : LLOYD v VETERINARY SURGEONS INVESTIGATING COMMITTEE [2002] NSWCA 224 FILE NUMBER(S) : CA 40705/01 HEARING DATE(S) : 26 June 2002 JUDGMENT DATE : 16 July 2002

PARTIES : Ronald George Lloyd - Appellant Veterinary Surgeons Investigating Committee - Respondent JUDGMENT OF : Sheller JA at 1; Hodgson JA at 32; Ipp AJA at 33

LOWER COURT JURISDICTION : Administrative Decisions Tribunal LOWER COURT ADT 40004; 40005; 40015; 40016/98 FILE NUMBER(S) : LOWER COURT Appeal Panel JUDICIAL OFFICER :

COUNSEL : D Dickinson - Appellant S J Burchett - Respondent SOLICITORS : Herman & Green - Appellant Conway MacCallum - Respondent CATCHWORDS : ADMINISTRATIVE LAW - Administrative Decisions Appeal Act 1997, ss 25, 73, 79, 119(1) - Veterinary Disciplinary Panel - expiration of period of office of member - substitution of new member in matter already heard but not determined - whether entitled to a hearing de novo - record of proceedings - powers of judicial member sitting alone - direction of President as to procedure on rehearing beyond power and void - issues of procedural fairness and natural justice raised LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Supreme Court Act 1970 DECISION : 1. Appeal allowed; 2. Set aside the orders made by the Appeal Panel and in lieu thereof make orders; (a) Appeal allowed; (b) Directions of the President of 27 July 2000 set aside.; 3. No order as to costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40705/01 ADT 40004, 40005, 40015, 40016/98