Khera v Law Society of New South Wales (LSD)

In the case of Khera v Law Society of New South Wales, the appellant sought to appeal a decision made by the Legal Services Tribunal. The Tribunal had determined that the appellant had been biased in their conduct and had made an error regarding evidence. The appellant argued that these findings were incorrect and sought to have them overturned. The appeal was heard in the Supreme Court of New South Wales.

The central legal issues in the case were whether the Tribunal had erred in finding that the appellant was biased and whether there was any error in the Tribunal's handling of the evidence. The appellant contended that the Tribunal had incorrectly applied the principles of actual and apprehended bias and that it had made an error in its assessment of the evidence. The Law Society of New South Wales argued that the Tribunal's findings were correct and should be upheld.

The Court found that the Tribunal had indeed erred in its application of the principles of bias and in its handling of the evidence. The Court held that the Tribunal had misapplied the principles of actual and apprehended bias, leading to an incorrect finding that the appellant was biased. Additionally, the Court found that the Tribunal had made an error in its assessment of the evidence, which had a significant impact on the outcome of the case. Consequently, the appeal was upheld, and the orders of the Tribunal were set aside. The case was remitted to the Tribunal, but with a differently constituted panel to ensure a fair and unbiased review.