McGuirk v New South Wales Ombudsman (No 2) [2009] NSWADTAP 9

McGuirk v New South Wales Ombudsman (No 2) [2009] NSWADTAP 9

None of the grounds raised by Mr McGuirk amounted to a jurisdictional error or a breach of procedural fairness. He did not properly pursue his applications or attend the hearing. The Appeal Panel found no error of law, jurisdictional or otherwise, that would justify re-opening its previous decision.

Jurisdiction
Australia
Judgment Date
04 March 2009
Procedural Posture
Appeal / Application to Re Open Decision
Outcome
Application to re-open decision refused
Legal Topics
['jurisdictional Error' 'procedural Fairness' 'tribunal Powers' 're Opening Decisions']
['administrative Law'] ['jurisdictional Error' 'procedural Fairness' 'tribunal Powers' 're Opening Decisions']

Case Brief

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Procedural Posture

Appeal / Application to Re Open Decision

Legal Issues

  1. 1 ['Whether the Appeal Panel should re-open its previous decision on grounds of jurisdictional error or procedural fairness' 'Whether there was a duty to refer a question of law to the Supreme Court under s 118 of the ADT Act' 'Whether failure to consider disqualification, Ministerial referral, or questions of law amounted to error']

Ratio Decidendi

None of the grounds raised by Mr McGuirk amounted to a jurisdictional error or a breach of procedural fairness. He did not properly pursue his applications or attend the hearing. The Appeal Panel found no error of law, jurisdictional or otherwise, that would justify re-opening its previous decision.

Court Disposition

Application to re-open decision refused

Orders

  • ["The application to re-open the Appeal Panel's decision in McGuirk v New South Wales Ombudsman [2008] NSWADTAP 20 is refused."]