Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal & Ors (No 2) [2004] NSWCA 337

New South Wales Court of Appeal

CITATION : Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal & Ors (No 2) [2004] NSWCA 337 HEARING DATE(S) : (On written submissions) JUDGMENT DATE : 22 September 2004

JUDGMENT OF : Sheller JA at 1; Giles JA at 2; Ipp JA at 34 DECISION : The third opponent to be granted an indemnity certificate.

CATCHWORDS : Costs - Suitors' Fund Act 1951 - Chairperson of Tribunal refused to disqualify self for reasonable apprehension of bias - refused application for stay to allow refusal to be "taken to another place" - relief in the nature of prohibition granted against Tribunal continuing hearing with that Chairperson - GREAT a court for purposes of Act - relief was appeal for purposes of Act - whether Chairperson's refusal to disqualify himself a decision of a court for the purposes of the Act - whether Chairperson's refusal of a stay a decision of a court for the purposes of the Act - held no and yes - indemnity certificate issued. D Australian Broadcasting Commissioner v Bond (1990) 170 CLR 321; Australian National Industries Ltd v Spedley Securities Ltd (in liquidation) (1992) 26 NSWLR 411; Australian Postal Commission v Dao (No 2) (1986) 6 NSWLR 497; Barton v Walker (1979) 2 NSWLR 740; Boral Gas (NSW) Pty Ltd v Magill (1993) 32 NSWLR 501; Bromley v Housing Commissioner of New South Wales (1985) 4 NSWLR 407; Brooks v The Upjohn Company (1998) 85 FCR 469; Commissioner of Corrective Services v Government and Related Employees Appeal Tribunal & Ors [2004] NSWCA 291; CASES CITED : Director-General of Social Services v Chancey (1980) 31 ALR 571; Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45; Gas & Fuel Corporation Superannuation Fund v Saunders (1994) 52 FCR 48; Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491; re Oscar [2002] NSWSC 887; ex parte Parsons (1952) 69 NW (NSW) 380; Production Spray Painting & Panelbeating Pty Ltd v Newnham (1991) 27 NSWLR 644; Rajski v Wood (1989) 18 NSWLR 512; Reid v Sydney City Council (1994) 35 NSWLR 719; Southern Equities Corporation Ltd (in liquidation) v Bond (2000) 18 SASR 339. Commissioner of Corrective Services - Claimant PARTIES : Government and Related Appeals Tribunal - First Opponent (submitting) David Richard Ellam - Third Opponent FILE NUMBER(S) : CA 40686/04 COUNSEL : P Menzies QC & R J Bromwich - Claimant S Crawshaw SC & M Gibian - Third Opponent SOLICITORS : I V Knight, Crown Solicitor - Claimant Jones Staff & Co - Third Opponent