Lloyd v Veterinary Surgeons Investigating Committee [2005] NSWCA 456

Reported Decision : 65 NSWLR 245

New South Wales Court of Appeal

Lloyd v Veterinary Surgeons Investigating Committee [2005] NSWCA 456 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 28 November 2005

JUDGMENT DATE: 21 December 2005

JUDGMENT OF: Spigelman CJ at 1; Handley JA at 19; Tobias JA at 25

DECISION: (1) Appeal allowed; (2) Set aside the decision of the Appeal Panel of 10 January 2005; (3) In lieu thereof remit the proceedings in ADT Appeal Panel No 049044 of 2004 for rehearing in conformity with the decision of this Court; (4) Costs in this Court reserved; (5) Costs of the earlier proceedings in the Appeal Panel to abide the order of the Appeal Panel hearing the remitted proceedings; (6) Direct the appellant to file and serve any written submissions he wishes to make with respect to any question of costs on or before 24 January 2006, the respondent to file and serve any submissions in reply on or before 3 February 2006 on the basis that all questions of costs will be determined by the Court upon the papers

CATCHWORDS: ADMINISTRATIVE LAW – Administrative Decisions Tribunal – Appeal Panel – Disciplinary proceedings – Whether appellant's right of appeal from Tribunal to Appeal Panel extended to merits review – Whether appellant denied procedural fairness – STATUTORY CONSTRUCTION – Whether extension of appeal to merits review under s 113(2)(b) of Administrative Decisions Tribunal Act dependant upon appeal raising question of law – Proper construction of transitional provisions in ADT Act – Purposive construction to avoid lacuna or gap in legislative scheme – Veterinary Surgeons Act 1986 s 34 – Administrative Decisions Tribunal Act 1997 ss 112, 113, 119, 120, cl 37 Sch 5