Bornecrantz v Queensland Bridge Association Inc

[1999] QSC 58

Supreme Court of Queensland

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Prerogative relief
4. › Certiorari
5. › Decision of domestic tribunal
6. › Conduct and ethics committee of voluntary association
7. › Whether decision amenable to judicial review
8. › Judicial Review Act 1991 (Qld), Pt 5
1. Administrative Law
2. › Procedural fairness
3. › Notice of hearing
4. › Adequacy of notice
5. › Obstructive conduct by person affected
6. › Whether person who deliberately avoids receiving notice may rely on insufficiency of notice
1. Administrative Law
2. › Bias
3. › Domestic tribunals
4. › Whether apprehended bias sufficient to disqualify domestic tribunal
5. › Whether actual bias must be proved
6. › Waiver of right to object to constitution of tribunal
1. Administrative Law
2. › Issue estoppel
3. › Whether issue estoppel can arise from administrative decision
4. › Tournament director's disqualification of player
5. › Whether decision sufficiently 'judicial' to give rise to estoppel

Quick Take

A person who deliberately avoids receiving notice of a domestic tribunal hearing as a tactic to challenge the tribunal's jurisdiction cannot subsequently rely on insufficiency of notice to set aside the tribunal's decision. The 'obstructive conduct' exception from De Verteuil v Knaggs applies in such circumstances. Apprehended bias remains insufficient to disqualify a domestic tribunal; actual bias must be proved. A voluntary association's disciplinary committee may exercise jurisdiction over non-members who participate in events conducted under the association's aegis.