McGuirk v University of New South Wales & Anor [2010] NSWCA 1

McGuirk v University of New South Wales & Anor [2010] NSWCA 1

Because the only decisions challenged were the Appeal Panel's dismissal of a challenge to an original costs order and the original costs order itself, the appeal was against a decision as to costs within s 119(1A)(c) of the Administrative Decisions Tribunal Act 1997 and required leave. The appeal was therefore incompetent unless amended, but it was appropriate to permit amendment into an application for leave to appeal.

Jurisdiction
Australia
Judgment Date
03 February 2010
Procedural Posture
Appeal From Order of Appeal Panel of the Administrative Decisions Tribunal Dismissing an Appeal Concerning Costs / Notices of Motion in Court of Appeal Proceedings
Outcome
Appeal dismissed as incompetent unless, within twenty-one days, Mr McGuirk amends his proceedings to become an application for leave to appeal; leave to amend granted.
Legal Topics
['appeal Competence' 'leave to Appeal' 'decision as to Costs' 'amendment of Proceedings' 'judicial Review']
['procedure' 'administrative Law'] ['appeal Competence' 'leave to Appeal' 'decision as to Costs' 'amendment of Proceedings' 'judicial Review']

Case Brief

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Procedural Posture

Appeal From Order of Appeal Panel of the Administrative Decisions Tribunal Dismissing an Appeal Concerning Costs / Notices of Motion in Court of Appeal Proceedings

Legal Issues

  1. 1 ['Whether Mr McGuirk\'s appeal was against "a decision as to costs" within s 119(1A)(c) of the Administrative Decisions Tribunal Act 1997, so that leave to appeal was required.' 'Whether Mr McGuirk should be granted leave to amend his appeal proceeding so as to become an application for leave to appeal.']

Ratio Decidendi

Because the only decisions challenged were the Appeal Panel's dismissal of a challenge to an original costs order and the original costs order itself, the appeal was against a decision as to costs within s 119(1A)(c) of the Administrative Decisions Tribunal Act 1997 and required leave. The appeal was therefore incompetent unless amended, but it was appropriate to permit amendment into an application for leave to appeal.

Court Disposition

Appeal dismissed as incompetent unless, within twenty-one days, Mr McGuirk amends his proceedings to become an application for leave to appeal; leave to amend granted.

Orders

  • ['Order that the appeal be dismissed as incompetent, unless within twenty-one days Mr McGuirk amends his proceedings pursuant to order (2).' 'I give leave to Mr McGuirk to amend his proceedings so as to become an application for leave to appeal, and I order that any amended initiating process be filed and served...