Howe v Administrative Decisions Tribunal of New South Wales

The applicant, a veterinary surgeon, sought interlocutory relief in the Supreme Court of New South Wales to restrain the Administrative Decisions Tribunal (ADT) from delivering its decision on penalty in disciplinary proceedings. The applicant alleged that the ADT had denied him procedural fairness in relation to the determination of the penalty.

The primary legal issue before the Court of Appeal was whether the applicant should be granted relief pending the hearing of his appeal, specifically an injunction preventing the ADT from giving its decision on penalty. This required the Court to consider the nature of the relief sought and the significance of the protective purpose of disciplinary proceedings.

Giles JA, in dismissing the application, reasoned that the applicant had not demonstrated a sufficient prospect of success on appeal to warrant the grant of interlocutory relief. The Court also took into account the protective purpose of disciplinary proceedings, which weigh against granting an injunction that would delay the finalisation of such matters.

The Notice of Motion was dismissed with costs.