Sydney United Football Club v Soccer New South Wales [2005] NSWSC 474

New South Wales Supreme Court

Sydney United Football Club v Soccer New South Wales [2005] NSWSC 474 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 12, 13 May 2005

JUDGMENT DATE : 13 May 2005

JURISDICTION : Equity Division

JUDGMENT OF : McDougall J at 1

DECISION : See paras [90] and [91] of judgment

CATCHWORDS : ADMINISTRATIVE LAW - where defendant set up Independent Panel of Inquiry - where Panel interviewed plaintiff's representatives - where defendant's board adopted Panel report recommending suspension of plaintiff - where defendant's board suspended plaintiff without hearing further from it - natural justice - content of rules of natural justice - whether Panel denied plaintiff natural justice - whether board denied plaintiff natural justice by not providing opportunity to be heard on adoption of report - whether board denied plaintiff natural justice by denying opportunity to be heard on penalty

LEGISLATION CITED : Corporations Act 2001

Abebe v The Commonwealth (1999) 197 CLR 510 Browne v Dunn (1894) 6 R 67 Forbes v NSW Trotting Club Ltd (1979) 143 CLR 242 Hall v NSW Trotting Club Ltd [1977] 1 NSWLR 378 CASES CITED : Mahon v Air New Zealand Limited [1984] AC 808 Malone v Marr [1981] 2 NSWLR 984 Minister for Immigration v Bhardwaj (2002) 209 CLR 597 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S154/2002 (2003) 77 ALJR 1909 State of South Australia v O'Shea (1987) 163 CLR 378

Sydney United Football Club Pty Limited (Plaintiff) PARTIES : Soccer New South Wales Limited (Defendant)