LLOYD v VETERINARY SURGEONS INVESTIGATING COMMITTEE & ANOR [1999] NSWCA 68

LLOYD v VETERINARY SURGEONS INVESTIGATING COMMITTEE & ANOR [1999] NSWCA 68

The Tribunal's consent under s 126 is an appealable decision within s 112 of the Administrative Decisions Tribunal Act 1997; hence, the applicant should first pursue internal appeal process before seeking Supreme Court review. Discretionary prerogative relief is inappropriate until internal appellate procedure is exhausted.

Jurisdiction
Australia
Judgment Date
25 March 1999
Procedural Posture
Application for Prerogative Relief / Appeal From Administrative Decisions Tribunal to Court of Appeal
Outcome
Summons dismissed with costs
Legal Topics
['prerogative Relief' 'appellate Procedure' 'statutory Interpretation' 'suppression of Identification' 'tribunal Procedure']
['administrative Law'] ['prerogative Relief' 'appellate Procedure' 'statutory Interpretation' 'suppression of Identification' 'tribunal Procedure']

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Procedural Posture

Application for Prerogative Relief / Appeal From Administrative Decisions Tribunal to Court of Appeal

Legal Issues

  1. 1 ["Whether the consent of the Tribunal to publish the claimant's name under s 126 of the Administrative Decisions Tribunal Act 1997 is an appealable decision enabling internal appeal before seeking Supreme Court review" 'Whether prerogative relief under Supreme Court Act s 69 should be granted prior to exhaustion of internal appeal rights']

Ratio Decidendi

The Tribunal's consent under s 126 is an appealable decision within s 112 of the Administrative Decisions Tribunal Act 1997; hence, the applicant should first pursue internal appeal process before seeking Supreme Court review. Discretionary prerogative relief is inappropriate until internal appellate procedure is exhausted.

Court Disposition

Summons dismissed with costs

Orders

  • ['Summons dismissed with costs']