Graham v Baptist Union of New South Wales [2006] NSWSC 818

New South Wales Supreme Court

CITATION : Graham v Baptist Union of New South Wales [2006] NSWSC 818

HEARING DATE(S) : 01/08/06

JUDGMENT DATE : 16 August 2006

JURISDICTION : Equity Division

JUDGMENT OF : Young CJ in Eq

DECISION : No breach of procedural fairness in not notifying the actual date of relevant meeting in view of plaintiff's failure to avail himself of opportunity to fix date himself. Declaration that the appeal of the plaintiff to the Committee for the Ministry is still on foot. No order as to costs.

CATCHWORDS : ADMINISTRATIVE LAW [63]- Complaint against minister- Minister unresponsive when provided with opportunity to be heard- Minister not told precise time and place of hearing but was aware of imminence of meeting- Committee made adverse decision- Minister lodged appeal against decision- Late with statements- Counsel assisting defendant stated appeal deemed abandoned- Not appropriate- Appeal still on foot.

LEGISLATION CITED : Baptist Union Incorporation Act 1919

Automatic Ticket Research (Vic) Pty Ltd v Legal Aid Commission of NSW (1991) 22 ALD 590 Carver v Law Society of NSW (1998) 43 NSWLR 71 Foran v Wight (1989) 168 CLR 385 CASES CITED : Hedges v Australasian Conference Association Ltd [2003] NSWSC 1107 Hopkins v Smethwick Local Board of Health (1890) 24 QBD 712 Pearce v Foster (1886) 17 QBD 536 Re Veron; Ex parte Law Society of NSW (1966) 84 WN (Pt 1) (NSW) 136 Sharpe v Brown [1918] VLR 678

PARTIES : Phillip Graham (P) Baptist Union of New South Wales (D)

FILE NUMBER(S) : SC 2475/06

COUNSEL : A G Melick SC and S A Beckett (P) P Singleton (D)