Gaynor v Burns [2015] NSWCATAP 184

Gaynor v Burns [2015] NSWCATAP 184

The Tribunal is not required to give written reasons for orders made by consent, as such orders reflect an agreed settlement and do not ordinarily require reasons unless exceptional circumstances exist. The application for written reasons was dismissed.

Parties
Appellant: Bernard Gaynor; Respondent: Garry Burns
Jurisdiction
Australia
Judgment Date
01 September 2015
Procedural Posture
Appeal / Application for Written Reasons Following Consent Orders
Outcome
Application for written reasons under s 62 dismissed.
Legal Topics
Consent Orders, Tribunal Practice, Written Reasons for Decision, Appeal Procedure
Administrative Law Procedural Law Consent Orders Tribunal Practice Written Reasons for Decision Appeal Procedure

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Parties

Bernard Gaynor

Appellant

Garry Burns

Respondent

Procedural Posture

Appeal / Application for Written Reasons Following Consent Orders

Legal Issues

  1. 1 Whether the Tribunal is obliged to provide written reasons for consent orders under s 62 of the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

The Tribunal is not required to give written reasons for orders made by consent, as such orders reflect an agreed settlement and do not ordinarily require reasons unless exceptional circumstances exist. The application for written reasons was dismissed.

Court Disposition

Application for written reasons under s 62 dismissed.

Orders

  • The application under s 62 of the Civil and Administrative Tribunal Act 2013 (NSW) is dismissed.