Daykin v SAS Trustee Corporation [2001] NSWSC 58

Daykin v SAS Trustee Corporation [2001] NSWSC 58

Where the Appeal Panel of the Administrative Decisions Tribunal includes a Judge of the District Court, an appeal under s 119 of the Administrative Decisions Tribunal Act 1997 must be commenced in the Court of Appeal, not in the Administrative Law List of the Common Law Division.

Jurisdiction
Australia
Judgment Date
16 February 2001
Procedural Posture
Appeal From Administrative Decisions Tribunal Appeal Panel / Preliminary Motion Concerning Proper Appeal Forum
Outcome
Orders for proceedings to be removed into the Court of Appeal.
Legal Topics
['appeal Forum Assignment' 'administrative Decisions Tribunal Appeals' 'specified Tribunal Definition']
['administrative Law' 'procedure'] ['appeal Forum Assignment' 'administrative Decisions Tribunal Appeals' 'specified Tribunal Definition']

Case Brief

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Procedural Posture

Appeal From Administrative Decisions Tribunal Appeal Panel / Preliminary Motion Concerning Proper Appeal Forum

Legal Issues

  1. 1 ['Whether an appeal under s 119 of the Administrative Decisions Tribunal Act 1997 (NSW) from an Appeal Panel comprising a District Court Judge should be commenced in the Court of Appeal or the Administrative Law List of the Common Law Division']

Ratio Decidendi

Where the Appeal Panel of the Administrative Decisions Tribunal includes a Judge of the District Court, an appeal under s 119 of the Administrative Decisions Tribunal Act 1997 must be commenced in the Court of Appeal, not in the Administrative Law List of the Common Law Division.

Court Disposition

Orders for proceedings to be removed into the Court of Appeal.

Orders

  • ['Proceedings are removed into the Court of Appeal.' 'Matter to be listed for directions before the Registrar of the Court of Appeal on a date to be fixed.' "Costs of today's proceedings to be costs in the cause."]