ABORIGINAL LEGAL SERVICE LTD v PHILLIPS [1995] NSWCA 5
The proceeding should be transferred to the Administrative Law Division for hearing, and the costs of the application for transfer should be determined by the judge who ultimately hears the application.
- Parties
- Applicant: Aboriginal Legal Service Ltd; Respondent: Phillips
- Jurisdiction
- Australia
- Judgment Date
- 26 June 1995
- Procedural Posture
- Application / Transfer of Proceedings
- Outcome
- application granted
- Legal Topics
- Transfer of Proceedings, Court Divisions, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Aboriginal Legal Service Ltd
Applicant
Phillips
Respondent
Procedural Posture
Application / Transfer of Proceedings
Legal Issues
- 1 Which Division of the Supreme Court should hear the matter?
- 2 How should costs of the transfer application be handled?
Ratio Decidendi
The proceeding should be transferred to the Administrative Law Division for hearing, and the costs of the application for transfer should be determined by the judge who ultimately hears the application.
Court Disposition
application granted
Orders
- Proceeding transferred to Administrative Law Division
- Notice of motion transferred to Administrative Law Division
Full Case Text
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