Liang v University of Technology Sydney [2018] NSWSC 1740

Liang v University of Technology Sydney [2018] NSWSC 1740

The stay was refused because the plaintiff had not shown any proper basis for Supreme Court intervention in the pending NCAT Appeal Panel proceedings: the statutory appeal pathway arose from an Appeal Panel decision, there was no demonstrated plain error of law or basis for relief under s 69 of the Supreme Court Act 1970 (NSW), and a stay would not ultimately appear to be in the plaintiff's interests.

Jurisdiction
Australia
Judgment Date
13 November 2018
Procedural Posture
Notice of Motion Seeking a Stay of Proceedings Before the Appeal Panel of NCAT / Procedural Ruling in the Supreme Court of New South Wales
Outcome
The plaintiff's notice of motion filed on 12 November 2018 was dismissed, with costs of the notice of motion reserved.
Legal Topics
['administrative Tribunals' 'stay of Proceedings' 'ncat Appeal Panel' 'judicial Review' 'statutory Appeal']
['administrative Law'] ['administrative Tribunals' 'stay of Proceedings' 'ncat Appeal Panel' 'judicial Review' 'statutory Appeal']

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Procedural Posture

Notice of Motion Seeking a Stay of Proceedings Before the Appeal Panel of NCAT / Procedural Ruling in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the Supreme Court should stay proceedings before the Appeal Panel of NCAT listed for hearing on 14 November 2018.' 'Whether there was any proper ground for Supreme Court intervention before a decision of the Appeal Panel of NCAT.']

Ratio Decidendi

The stay was refused because the plaintiff had not shown any proper basis for Supreme Court intervention in the pending NCAT Appeal Panel proceedings: the statutory appeal pathway arose from an Appeal Panel decision, there was no demonstrated plain error of law or basis for relief under s 69 of the Supreme Court Act 1970 (NSW), and a stay would not ultimately appear to be in the plaintiff's interests.

Court Disposition

The plaintiff's notice of motion filed on 12 November 2018 was dismissed, with costs of the notice of motion reserved.

Orders

  • ["Dismiss the plaintiff's notice of motion filed on 12 November 2018." 'Order that costs of the notice of motion be reserved.']