NSW Caselaw
New South Wales Court of Appeal
CITATION: GREYHOUND RACING NSW v CESSNOCK & DISTRICT AGRICULTURAL ASSOCIATION [2006] NSWCA 333 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 6, 7 November 2006
JUDGMENT DATE: 27 November 2006
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Basten JA at 3
DECISION: (1) Appeal allowed; (2) Set aside the declarations made in the Common Law Division on 30 June 2006 and the further declarations made on 15 August 2006; (3) Relieve the Appellant of compliance with the undertakings given on 15 August 2006; (4) Set aside the orders as to costs made on 30 June and 15 August 2006; (5) In lieu of the orders made below, order that the summons be dismissed with costs; (6) Order the Respondent to pay the Appellant's costs in this Court; (7) Grant the Respondent a certificate under the Suitors' Fund Act 1951 if otherwise qualified.
CATCHWORDS: ADMINISTRATIVE LAW – procedural unfairness – statutory body – lack of reasonable opportunity to make submissions – failure to identify criteria for decision- making – what is the operative decision – whether procedural unfairness of earlier decision infected later decision. - ADMINISTRATIVE LAW – procedural unfairness – apprehended bias – application of general law principle to statutory administrative decision-maker – Greyhound Racing Act 2002 (NSW), Schedule 1, cl 10 and 11. - DECLARATORY RELIEF – declarations of procedural unfairness – decisions not set aside – affected parties not joined – undertakings accepted in absence of affected parties.
Commonwealth Authorities and Companies Act 1997 (Cth), s 27F Corporations Act 2001 (Cth), ss 191, 192 LEGISLATION CITED: Greyhound and Harness Racing Administration Act 2004 (NSW), ss 14, 15 Greyhound Racing Act 2002 (NSW), ss 6, 8, 9, 53, Schedule 1 cls 10, 11, 12, 13, 14Migration Act 1958 (Cth), Part 2, Div 3, Subdivs AB and AC Supreme Court Act 1970 (NSW), s 69
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