Payne v Haski [2018] NSWCATAD 115

Payne v Haski [2018] NSWCATAD 115

The Tribunal lacks jurisdiction under the cited statutes to grant relief sought by the applicant, as the proceedings were not initiated by a designated local regulatory authority and the applicant was not a consumer under the relevant legal profession legislation. Therefore, the application is lacking in substance and must be struck out under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Application to the Tribunal / Dismissal Application Under S 55(1)(b) of Civil and Administrative Tribunal Act 2013
Outcome
Application struck out for want of jurisdiction
Legal Topics
['jurisdiction of Tribunal' 'dismissal for Want of Jurisdiction' 'professional Conduct of Solicitors']
['administrative Law' 'legal Profession'] ['jurisdiction of Tribunal' 'dismissal for Want of Jurisdiction' 'professional Conduct of Solicitors']

Case Brief

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Procedural Posture

Application to the Tribunal / Dismissal Application Under S 55(1)(b) of Civil and Administrative Tribunal Act 2013

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to grant monetary compensation or disciplinary orders against the respondents as sought by the applicant' "Whether the applicant's claim is misconceived or lacking in substance within the meaning of s 55(1)(b) of the CAT Act"]

Ratio Decidendi

The Tribunal lacks jurisdiction under the cited statutes to grant relief sought by the applicant, as the proceedings were not initiated by a designated local regulatory authority and the applicant was not a consumer under the relevant legal profession legislation. Therefore, the application is lacking in substance and must be struck out under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Court Disposition

Application struck out for want of jurisdiction

Orders

  • ['The Tribunal orders that the application be struck out pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 No 2 (NSW)']