Geoffrey Stephen Hudson v Arap 1 (NSW) Pty Ltd ACN 158032618 [2014] NSWSC 1504

Geoffrey Stephen Hudson v Arap 1 (NSW) Pty Ltd ACN 158032618 [2014] NSWSC 1504

Because the plaintiff raised a genuine jurisdictional question concerning related Tribunal Appeal Panel decisions, one of which was assigned to the original jurisdiction of the Court of Appeal under s 48 of the Supreme Court Act 1970, and because the earlier decision was interlocutory and linked to the final determination, the Court extended time for the s 69 judicial review proceeding, stayed the Tribunal orders temporarily, granted filing and amendment leave, waived fees, and removed the matter into the Court of Appeal.

Jurisdiction
Australia
Judgment Date
17 October 2014
Procedural Posture
Administrative Law Judicial Review and Appeal Concerning NSW Civil and Administrative Tribunal Appeal Panel Decisions / Interlocutory Applications
Outcome
Orders made waiving fees, extending time, granting leave to file the summons, staying Tribunal orders temporarily, removing the matter into the Court of Appeal, and granting leave to file and serve an amended summons in the Court of Appeal.
Legal Topics
['judicial Review' 'jurisdictional Question' 'extension of Time' 'stay of Tribunal Orders' 'removal Into the Court of Appeal' 'nsw Civil and Administrative Tribunal Appeal Decisions']
['administrative Law' 'civil Procedure' 'residential Tenancies'] ['judicial Review' 'jurisdictional Question' 'extension of Time' 'stay of Tribunal Orders' 'removal Into the Court of Appeal' 'nsw Civil and Administrative Tribunal Appeal Decisions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Law Judicial Review and Appeal Concerning NSW Civil and Administrative Tribunal Appeal Panel Decisions / Interlocutory Applications

Legal Issues

  1. 1 ['Whether time should be extended for commencement of proceedings under s 69 of the Supreme Court Act 1970 by way of judicial review against the NSW Civil and Administrative Tribunal Appeal Panel decision of 1 July 2014.' 'Whether orders made in NSW Civil and Administrative Tribunal matter RT 13/66464 should be stayed.' 'Whether the proceedings should be removed into the Court of Appeal because the later Appeal Panel decision involved Wright J, President of the Tribunal, and was governed by s 48 of the Supreme Court Act 1970.' "Whether the plaintiff's challenge to the final determination could include a challenge to the earlier interlocutory jurisdictional decision."]

Ratio Decidendi

Because the plaintiff raised a genuine jurisdictional question concerning related Tribunal Appeal Panel decisions, one of which was assigned to the original jurisdiction of the Court of Appeal under s 48 of the Supreme Court Act 1970, and because the earlier decision was interlocutory and linked to the final determination, the Court extended time for the s 69 judicial review proceeding, stayed the Tribunal orders temporarily, granted filing and amendment leave, waived fees, and removed the matter into the Court of Appeal.

Court Disposition

Orders made waiving fees, extending time, granting leave to file the summons, staying Tribunal orders temporarily, removing the matter into the Court of Appeal, and granting leave to file and serve an amended summons in the Court of Appeal.

Orders

  • ['Order that until further order of the Court there be a waiver of payment of any Court fee otherwise payable by the plaintiff in connection with these proceedings.' 'Order that there be an extension of time for the commencement of proceedings under s 69 of the Supreme Court Act 1970 by way of judicial review...