Howard v Surf Life Saving New South Wales

The dispute between Howard and Surf Life Saving New South Wales was heard by the Supreme Court of New South Wales. The plaintiff, Howard, brought the action against the defendant, Surf Life Saving New South Wales, alleging breaches of procedural fairness under the Administrative Decisions (Judicial Review) Act 1977. The case centred around the defendant's failure to comply with its own regulations during the disciplinary process against the plaintiff.

The court had to determine whether the defendant's actions constituted a breach of the principle of procedural fairness, specifically whether the defendant failed to comply with its own rules and, in doing so, denied the plaintiff the opportunity to respond to the allegations against them. The court also needed to assess if this failure was significant enough to impact the fairness of the proceedings.

The court found that the defendant's failure to adhere to its own regulations did indeed breach the principles of procedural fairness. The court held that the plaintiff was entitled to be informed of the case against them and to be given an opportunity to respond. Given this breach, the court concluded that the proceedings were unfair, leading to a quashing of the disciplinary decision. The court ordered the matter to be remitted back to the defendant for reconsideration in compliance with the rules of procedural fairness.