Zakaria (as Tutor for SA) v New South Wales Crime Commission

The case of Zakaria (as Tutor for SA) v New South Wales Crime Commission involves a dispute regarding the application of procedural fairness in the context of a summons issued to the plaintiff to provide evidence. The plaintiff, acting as a tutor, challenged the summons on the grounds that he was not given an opportunity to be heard before the summons was issued, which he argued contravened principles of procedural fairness. The matter was heard in the Supreme Court of New South Wales. The plaintiff contended that he should have had the right to be heard before the summons was issued, and that procedural fairness entitled him to challenge any objection to the giving of evidence or to a specific question asked during the hearing.

The court was required to determine whether the principles of procedural fairness applied to the issuance of a summons and the subsequent giving of evidence. Specifically, the court needed to decide if the plaintiff had the right to be heard before the summons was issued and if procedural fairness required an opportunity for the plaintiff to object to the giving of evidence or to specific questions asked during the hearing. The court also had to examine whether procedural fairness applied to the process of issuing the summons itself.

The court held that procedural fairness does apply in certain respects to the giving of evidence, entitling the plaintiff to be heard on any objection to the giving of evidence or to a question asked. However, the court found that procedural fairness did not extend to the process of issuing the summons. The court reasoned that while the right to be heard is a fundamental aspect of procedural fairness, it does not necessarily apply to the administrative act of issuing a summons. Consequently, the plaintiff's challenge to the summons on procedural fairness grounds was dismissed. The court concluded that procedural fairness was not infringed by the lack of an opportunity to be heard before the summons was issued, as this did not affect the fairness of the hearing itself.