Croker v Secretary, Department of Employment and Workplace Relations [2006] FCA 1447

Croker v Secretary, Department of Employment and Workplace Relations [2006] FCA 1447

Leave to appeal was refused because there was no serious reason to doubt Buchanan J's conclusion that the Tribunal's refusal of a stay was not a decision for the purposes of s 44 of the Administrative Appeals Tribunal Act 1975 (Cth), no fundamental error in the Tribunal's discretionary refusal of a stay was identified, and no arguable jurisdictional error was advanced under s 39B of the Judiciary Act 1903 (Cth) or otherwise.

Jurisdiction
Australia
Judgment Date
27 October 2006
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Decision Upholding Objection to Competency of Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth)
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['administrative Appeals Tribunal' 'stay Decisions' 'competency of Appeal' 'leave to Appeal' 'jurisdictional Error']
['administrative Law'] ['administrative Appeals Tribunal' 'stay Decisions' 'competency of Appeal' 'leave to Appeal' 'jurisdictional Error']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Decision Upholding Objection to Competency of Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth)

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from Buchanan J's decision upholding an objection to the competency of an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth)." 'Whether a decision of the Administrative Appeals Tribunal to grant or not grant a stay is a decision for the purposes of s 44 of the Administrative Appeals Tribunal Act 1975 (Cth).' 'Whether s 39B of the Judiciary Act 1903 (Cth) or the Administrative Decisions Judicial Review Act 1977 (Cth) provided an arguable alternative basis for relief.']

Ratio Decidendi

Leave to appeal was refused because there was no serious reason to doubt Buchanan J's conclusion that the Tribunal's refusal of a stay was not a decision for the purposes of s 44 of the Administrative Appeals Tribunal Act 1975 (Cth), no fundamental error in the Tribunal's discretionary refusal of a stay was identified, and no arguable jurisdictional error was advanced under s 39B of the Judiciary Act 1903 (Cth) or otherwise.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal be dismissed.' 'The applicant is to pay the costs of the first respondent.']