Vice-Chancellor, University of New South Wales v Curtin and McGuirk; Curtin v Vice-Chancellor, University of New South Wales (Interlocutory Applications) [2006] NSWADT 271

Vice-Chancellor, University of New South Wales v Curtin and McGuirk; Curtin v Vice-Chancellor, University of New South Wales (Interlocutory Applications) [2006] NSWADT 271

Mr McGuirk disrupted the 1 June 2006 planning meeting by interrupting the respondent's solicitor, refusing to desist, and refusing to leave, causing the Tribunal to adjourn the proceeding and list a more formal directions hearing. That disruption constituted special circumstances warranting costs under s 88, and costs could be ordered against Mr McGuirk as a non-party. Although Mr Curtin did not encourage the outburst, Mr McGuirk was present with his approval to assist him, so Mr Curtin could not escape responsibility. The asserted grounds of apprehended bias were not made out. The Tribunal refused the McKenzie friend application because Mr McGuirk was an active litigant against the same...

Jurisdiction
Australia
Judgment Date
10 July 2006
Procedural Posture
Administrative Review Under Freedom of Information Act 1989; Interlocutory Costs and Mc Kenzie Friend Applications / Preliminary Matter; Directions Hearing Following Adjourned Planning Meeting
Outcome
Costs application granted; Mr McGuirk's counter application rejected; McKenzie friend application refused.
Legal Topics
['costs Against Non Party' 'special Circumstances for Costs' 'disruption of Proceedings' 'mc Kenzie Friend Assistance' 'apprehended Bias' 'tribunal Procedure']
['administrative Law' 'freedom of Information' 'civil Procedure' 'costs'] ['costs Against Non Party' 'special Circumstances for Costs' 'disruption of Proceedings' 'mc Kenzie Friend Assistance' 'apprehended Bias' 'tribunal Procedure']

Case Brief

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Procedural Posture

Administrative Review Under Freedom of Information Act 1989; Interlocutory Costs and Mc Kenzie Friend Applications / Preliminary Matter; Directions Hearing Following Adjourned Planning Meeting

Legal Issues

  1. 1 ['Whether special circumstances warranted an award of costs for the directions hearing held on 26 June 2006 following disruption of the planning meeting on 1 June 2006.' 'Whether the Tribunal could order costs against Mr McGuirk, who was not a party to the FOI review proceedings.' 'Whether the Tribunal member should disqualify himself for apprehended bias because of prior acquaintance with Mr McGuirk or comments made during the planning meeting.' 'Whether Mr Curtin should be permitted to have Mr McGuirk assist him on a McKenzie friend basis.']

Ratio Decidendi

Mr McGuirk disrupted the 1 June 2006 planning meeting by interrupting the respondent's solicitor, refusing to desist, and refusing to leave, causing the Tribunal to adjourn the proceeding and list a more formal directions hearing. That disruption constituted special circumstances warranting costs under s 88, and costs could be ordered against Mr McGuirk as a non-party. Although Mr Curtin did not encourage the outburst, Mr McGuirk was present with his approval to assist him, so Mr Curtin could not escape responsibility. The asserted grounds of apprehended bias were not made out. The Tribunal refused the McKenzie friend application because Mr McGuirk was an active litigant against the same...

Court Disposition

Costs application granted; Mr McGuirk's counter application rejected; McKenzie friend application refused.

Orders

  • ["The Tribunal orders Mr Curtin and Mr McGuirk to pay the respondent's costs of the proceedings held on 26 June 2006. Failing agreement as to the amount of those costs, they are to be assessed on a basis set out in Division 11 of Part 3.2 of the Legal Profession Act 2004." 'The Tribunal does not permit Mr Curtin to...