Castle v Director General State Emergency Service [2008] NSWCA 231

New South Wales Court of Appeal

CITATION: Castle v Director General State Emergency Service [2008] NSWCA 231

HEARING DATE(S): 15/09/2008

JUDGMENT DATE: 27 October 2008

JUDGMENT OF: Basten JA at 1; Handley AJA at 23; Sackville AJA at 45

(1) Leave to appeal granted. DECISION: (2) The appellant is to file his notice of appeal within 10 days. (3) Appeal allowed with costs. (4) Judgment of the Common Law Division set aside and in lieu thereof substitute a declaration that in revoking the registration of the Botany Bay SES Unit and revoking the appellant's appointment as Local Controller of that Unit on 8 August 2006 the Director-General failed to observe the requirements of procedural fairness. The respondent is to pay the appellant's costs of the proceedings in the Common Law Division.

CATCHWORDS: JUDICIAL REVIEW - procedural fairness – duty to observe – removal from voluntary office – probable damage to reputation – duty exists.

Administrative Decisions (Judicial Review) Act 1977 (Cth) LEGISLATION CITED: State Emergency Service Act 1989 (NSW) Supreme Court Act

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Annetts v McCann (1990) 170 CLR 596 Bread Manufacturers of New South Wales v Evans [1981] HCA 69; 180 CLR 404 Castle v Director General SES [2007] NSWSC 1110 Comptroller-General of Customs v Kawasaki CASES CITED: Motors Pty Ltd (No. 1) [1991] FCA 519; 32 FCR 219 Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 Kioa v West [1985] HCA 81; 159 CLR 550 Muin v Refugee Review Tribunal [2002] HCA 30; 76 ALJR 966 The Minister for Immigration and Ethnic Affairs v Mayer [1985] HCA 70; 157 CLR 290