McGuirk v Vice-Chancellor, University of New South Wales & Anor (GD) [2007] NSWADTAP 22

McGuirk v Vice-Chancellor, University of New South Wales & Anor (GD) [2007] NSWADTAP 22

The Appeal Panel had jurisdiction to hear and determine the appeal. The costs order was made in proceedings for review of a reviewable decision and was therefore an appealable decision under s 112. Although the appellant had appeared as a McKenzie friend, a restrictive construction that denied him standing to appeal a costs order made against him jointly and severally would be grossly unjust and productive of legal absurdity. On a facultative construction of s 67, a person against whom a costs order is made becomes a party to the proceedings and may appeal under s 113. The Tribunal was not obliged to refer the matter to the Supreme Court; Koopman did not support that proposition, and the...

Jurisdiction
Australia
Judgment Date
26 April 2007
Procedural Posture
Appeal to the Appeal Panel of the Administrative Decisions Tribunal Against a Costs Order / Preliminary Matter; Interlocutory Decision on Jurisdiction
Outcome
The Appeal Panel determined that it had jurisdiction and that there was no obligation to refer the matter to the Supreme Court; the appeal was to proceed to hearing.
Legal Topics
['jurisdiction' 'standing to Appeal' 'appealable Decisions of the Tribunal' 'costs Orders' 'apprehended Bias' 'referral to the Supreme Court']
['administrative Law' 'civil Procedure'] ['jurisdiction' 'standing to Appeal' 'appealable Decisions of the Tribunal' 'costs Orders' 'apprehended Bias' 'referral to the Supreme Court']

Case Brief

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Procedural Posture

Appeal to the Appeal Panel of the Administrative Decisions Tribunal Against a Costs Order / Preliminary Matter; Interlocutory Decision on Jurisdiction

Legal Issues

  1. 1 ["Whether the Appeal Panel had jurisdiction under the Administrative Decisions Tribunal Act 1997 to hear and determine the appellant's appeal from the President's costs order." 'Whether the appellant, who had appeared as a McKenzie friend but was made jointly and severally liable for costs, had standing to appeal as a party to proceedings in which an appealable decision was made.' 'Whether the Tribunal was obliged to refer the matter to the Supreme Court of New South Wales or Court of Appeal because the appeal included allegations of apprehended or actual bias against the President of the Tribunal.']

Ratio Decidendi

The Appeal Panel had jurisdiction to hear and determine the appeal. The costs order was made in proceedings for review of a reviewable decision and was therefore an appealable decision under s 112. Although the appellant had appeared as a McKenzie friend, a restrictive construction that denied him standing to appeal a costs order made against him jointly and severally would be grossly unjust and productive of legal absurdity. On a facultative construction of s 67, a person against whom a costs order is made becomes a party to the proceedings and may appeal under s 113. The Tribunal was not obliged to refer the matter to the Supreme Court; Koopman did not support that proposition, and the...

Court Disposition

The Appeal Panel determined that it had jurisdiction and that there was no obligation to refer the matter to the Supreme Court; the appeal was to proceed to hearing.

Orders

  • ['The Notice of Appeal filed by the appellant on 1 September 2006 will proceed to hearing before the Appeal Panel of the Administrative Decisions Tribunal.' 'Stood over to Directions Hearing 10am 2 May 2007']