Recent Cases

Kirby v Dental Council of NSW [2020] NSWCA 91 (12 May 2020) (Payne JA at [1], Brereton JA at [8], Emmett AJA at [140])


ADMINISTRATIVE LAW – bias rule – actual or apprehended – apprehended – where apprehended bias alleged on basis of interest incompatible with role – whether primary judge erroneously considered notion of degree of closure of mind

ADMINISTRATIVE LAW – whether reviewable error of law – jurisdictional error – whether NCAT constructively failed to exercise jurisdiction