Maas v Smith & anor [2009] NSWSC 62

Maas v Smith & anor [2009] NSWSC 62

The proceedings are misconceived because the operative statute provides a specific remedial process through the Administrative Appeals Tribunal, so there is no jurisdictional basis for approaching the court by notice of motion; there is no merit and the notice of motion should be summarily dismissed.

Parties
Plaintiff: Gabrielle Maas; Defendant: Smith; Defendant: Security Industry New South Wales
Jurisdiction
Australia
Judgment Date
16 February 2009
Procedural Posture
Notice of Motion / Summary Dismissal
Outcome
Notice of motion dismissed
Legal Topics
Jurisdiction, Statutory Remedies, Defamation, Anti Discrimination
Civil Procedure Jurisdiction Statutory Remedies Defamation Anti Discrimination

Case Brief

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Parties

Gabrielle Maas

Plaintiff

Smith

Defendant

Security Industry New South Wales

Defendant

Procedural Posture

Notice of Motion / Summary Dismissal

Legal Issues

  1. 1 Whether the remedy sought by the plaintiff should be pursued by statutory means instead of by motion to the court
  2. 2 Whether there is jurisdiction for the relief sought
  3. 3 Whether the notice of motion disclosed merit

Ratio Decidendi

The proceedings are misconceived because the operative statute provides a specific remedial process through the Administrative Appeals Tribunal, so there is no jurisdictional basis for approaching the court by notice of motion; there is no merit and the notice of motion should be summarily dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • Notice of motion dismissed
  • No order as to costs