Lawrie v Lawler [2016] NTCA 03
PARTIES:LAWRIE, Delia Phoebe
v
LAWLER, John
TITLE OF COURT: COURT OF APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: CIVIL APPEAL FROM THE SUPREME COURT EXERCISING TERRITORY JURISDICTION
FILE NO:AP 5, 6 and 8 of 2015 (21434660)
DELIVERED: 2 June 2016
HEARING DATES: 1 and 2 March 2016 and 8, 9 and 10 March 2016
JUDGMENT OF: DOYLE, DUGGAN & HEENAN AJJ
APPEAL FROM: SOUTHWOOD J
CATCHWORDS:
APPEAL – Judicial review – requirements of procedural fairness – inquiry pursuant to s 4A of the Inquiries Act1945(NT) - extent of obligation of the Commissioner to notify parties likely to be affected by the inquiry of the issues under investigation and/or of likely adverse findings – sufficiency of notice - identification of issues – degree of precision required – alleged waiver of right to procedural fairness – refusal by Judge to recuse – application by non-party for leave to intervene or be joined as co-appellant – interests affected – personal reputation – officer of the court – costs – indemnity costs – indemnity principle – retainer of solicitors - remedies and relief
Crown Lands Act 1992 (NT) s 12(3)
Inquiries Act 1945 (NT) s 4A, s 4A(1), s 4A(3), s 7
Legislative Assembly (Members’ Code of Conduct and Ethical Standards) Act 2008 (NT) s 4, s 5, s 5(1), s 5(2), s 12(3)
Supreme Court Act1979 (NT) s 9(1), s 51
Supreme Court Rules 1987 (NT) r 85.11, r 85.11(2)Adams v London Improved Motor Coach Builders Ltd [1921] 1 KB 495; Ah Toy v Registrar of Companies (NT) (1985) 10 FCR 280; Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; Annetts v McCann (1990) 170 CLR 596; Ashby v Slipper (2014) 219 FCR 322; Brinsmead v Commissioner, Tweed Shire Council Public Inquiry (2007) 69 NSWLR 438; Carl Zeiss Stiftung v Rayner & Keeler Ltd(No 2) [1967] 1 AC 853; Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; Commonwealth of Australia v Verwayen (1990) 170 CLR 394; Driclad Pty Ltd v Federal Commissioner of Taxation (1968) 121 CLR 45; Dyktynski v BHP Titanium Minerals Pty Ltd (2004) 60 NSWLR 203; Freshmark Ltd v Mercantile Mutual Insurance (Australia) Ltd [1994] 2 Qd R 390; Hot Holdings Pty Ltd v Creasy (2002) 210 CLR 438; Kioa v West (1985) 159 CLR 550; Levy v The State of Victoria (1997) 189 CLR 579; Mahon v Air New ZealandLtd [1984] AC 808; Marsh v Baxter (No 2) [2016] WASCA 51; Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507; Minister for Immigration and Multicultural and Indigenous Affairs, Re; Ex parte Lam (2003) 214 CLR 1; National Companies & Securities Commission v News Corporation Ltd (1984) 156 CLR 296; Neat Holdings Pty Ltd v Karajan Holdings Pty…
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- Case
- [2016] NTCA 3
- Decision Date
CaseChat Overview and Summary
The court examined the obligations of the Commissioner to notify parties of the issues under investigation and the degree of precision required in such notices. It found that the Commissioner's duty to provide adequate notice included informing parties of the issues and potential adverse findings, especially when those findings could significantly impact their personal reputation. The court held that the Commissioner's failure to provide such notice amounted to a breach of procedural fairness. Regarding the recusal decision, the court dismissed the appeal, agreeing with the earlier decision that there was no apprehension of bias. The court also found that the appellant's strategy to disengage from the inquiry and the commencement of the judicial review proceeding without regard to known facts justified the order for indemnity costs. The court concluded that the judge's order for costs on an indemnity basis was appropriate due to the appellant's conduct and the findings that the judicial review proceeding was commenced in wilful disregard of known facts.
In summary, the court upheld the findings that the inquiry did not accord procedural fairness to Lawrie due to inadequate notice of the issues and potential findings. The appeal against the recusal decision and the order for indemnity costs was dismissed. The court found that the appellant's conduct warranted the indemnity costs order, reflecting the deliberate strategy to disengage from the inquiry and the commencement of judicial review proceedings in disregard of known facts.
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