Robert Coshott v Charmaine Duarte [2018] NSWSC 731

Supreme Court New South Wales

Medium Neutral Citation: Robert Coshott v Charmaine Duarte [2018] NSWSC 731 Hearing dates: 2 May 2018 Decision date: 23 May 2018 Jurisdiction: Common Law Before: Button J Decision: (1) The summons of the plaintiff, Robert Coshott, filed on 14 June 2017, is dismissed. (2) The plaintiff, Robert Coshott, must pay the costs of the defendant, Charmaine Duarte, of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – judicial review – whether denial of procedural fairness occurred – whether a judicial officer should give a non-party an opportunity to be heard prior to an adverse finding being made about him or her – summons dismissed Legislation Cited: Supreme Court Act 1970 (NSW), s 75 Cases Cited: Adamson v Ede [2009] NSWCA 379 Ainsworth and Another v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Richard Shorten and Anor v David Hurst Constructions Pty Limited and Anor [2008] NSWSC 546 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44. Category: Principal judgment Parties: Robert Coshott (Plaintiff) Charmaine Duarte (Defendant) Representation: Counsel: Plaintiff (Self-represented) A Combe (Defendant) File Number(s): 2017/00177495 Publication restriction: Nil

Judgment

Introduction 1. This application for judicial review brought by Mr Robert Coshott (the plaintiff) raises the question of whether, and if so to what degree, a judicial officer must provide an opportunity to be heard to a person tangentially involved in proceedings before making an adverse finding about the conduct of that person.