Penrith Rugby League Club Ltd v Brown [2004] NSWSC 932

Reported Decision : 63 NSWLR 13

New South Wales Supreme Court

CITATION : Penrith Rugby League Club Ltd v Brown [2004] NSWSC 932 revised - 09/11/2004 HEARING DATE(S) : 6 October 2004 JUDGMENT DATE : 8 October 2004 JURISDICTION: Equity JUDGMENT OF : Hamilton J DECISION : There should be declarations that the report of the findings of an inquiry under s 41X of the Registered Clubs Act 1976 may not include a finding that there has been corrupt or other improper conduct by any person and that the Director of Liquor and Gaming may not determine as a matter that is to be the subject of such an inquiry whether or not there has been corrupt or improper conduct by any person.

CATCHWORDS : ASSOCIATIONS AND CLUBS [9] - General matters - Other matters - Registered clubs - Allegation about any corrupt or other improper conduct in relation to a registered Club - Inquiry arranged under s 41X of the Registered Clubs Act 1976 by the Director of Liquor and Gaming - Whether inquiry may make finding in terms of corrupt or other improper conduct - Whether Director may determine as a matter that is to be the subject of an inquiry whether or not there has been corrupt or improper conduct by any person. Interpretation Act 1987 s 33 LEGISLATION CITED : Registered Clubs Act 1976 Div 6 Part 4A , ss 41X, 41Y, 41Z & 41ZA Registered Clubs (Amendment) Act 2003 Royal Commissions Act 1923 Balog v Independent Commission Against Corruption (1990) 169 CLR 625 Chairperson, Aboriginal and Torres Strait Islander Commission v Commonwealth Ombudsman (1995) 63 FCR 163 CASES CITED : Corporate Affairs Commission of NSW v Yuill (1991) 172 CLR 319 In the Matter of an Application for a Writ of Certiorari against the Anti-Corruption Commission; Parker v Anti-Corruption Commission WASC Parker J 27 August 1998 unreported Parker v Miller Full Court of Western Australia 8 August 1988 unreported Penrith Rugby League Club Ltd (1P) Penrith District Rugby League Football Club Ltd (2P) PARTIES : Kenneth Maxwell Brown (1D) Ian Douglas Temby (2D) Roger Maxwell Cowan (3D) FILE NUMBER(S) : SC 4553/04 B A J Coles QC & T M Lynch (Ps) COUNSEL : P F Singleton (1D) Submitting appearances (2 & 3Ds) Back Schwartz Vaughan (Ps) SOLICITORS : I V Knight (1 & 2Ds) John de Mestre & Co (3D)