McGuirk v University of New South Wales & anor [2008] NSWADTAP 74

McGuirk v University of New South Wales & anor [2008] NSWADTAP 74

The Tribunal refused leave to issue summonses as the proposed evidence was either protected by judicial and practitioner immunities, irrelevant, or insufficiently justified. The disqualification application failed because the factual premises concerning appointment and removal were incorrect, and no reasonable apprehension of bias was established.

Jurisdiction
Australia
Judgment Date
21 November 2008
Procedural Posture
Appeal / Interlocutory (leave to Issue Summonses and Application for Disqualification)
Outcome
Application dismissed
Legal Topics
['judicial Immunity' 'apprehended Bias' 'issue of Summonses' 'tribunal Member Disqualification']
['administrative Law' 'tribunal Procedure'] ['judicial Immunity' 'apprehended Bias' 'issue of Summonses' 'tribunal Member Disqualification']

Case Brief

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Procedural Posture

Appeal / Interlocutory (leave to Issue Summonses and Application for Disqualification)

Legal Issues

  1. 1 ['Whether leave should be granted to issue summonses against identified individuals, including a tribunal judge.' 'Whether the Deputy President should be disqualified for apprehended bias.']

Ratio Decidendi

The Tribunal refused leave to issue summonses as the proposed evidence was either protected by judicial and practitioner immunities, irrelevant, or insufficiently justified. The disqualification application failed because the factual premises concerning appointment and removal were incorrect, and no reasonable apprehension of bias was established.

Court Disposition

Application dismissed

Orders

  • ['Leave to issue summonses as sought by letter of 13 November 2008 refused in each case' 'Application for disqualification of Ms Needham SC, Deputy President, refused']