Liang v University of Technology Sydney (No 3) [2019] NSWSC 1705

Liang v University of Technology Sydney (No 3) [2019] NSWSC 1705

Leave to appeal was refused and the amended summons dismissed because, despite a liberal reading of the amended summons and oral submissions, the plaintiff identified no question of law arising out of and material to the Appeal Panel's decision. Her complaints were factual, evidentiary, misconceived, or unrelated to the Appeal Panel decision, so there was no ground on which leave could be granted under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW). The draft notice of motion was not permitted to proceed because its proposed relief was irrelevant, unsupported, futile, overtaken by the dismissal of the summons, or beyond the Court's jurisdiction in these proceedings.

Jurisdiction
Australia
Judgment Date
04 December 2019
Procedural Posture
Application for Leave to Appeal From a Civil and Administrative Tribunal Appeal Panel Decision Under S 83(1) of the Civil and Administrative Tribunal Act 2013 (nsw) / Hearing of Amended Summons and Request to Move on Draft Notice of Motion in the Supreme Court of New South Wales
Outcome
The plaintiff's application to move on the draft notice of motion was refused, the amended summons was dismissed, and the plaintiff was ordered to pay the defendants' costs including reserved costs of the stay application.
Legal Topics
['statutory Appeal From Administrative Tribunal' 'leave to Appeal' 'question of Law' 'ncat Appeal Panel' 'judicial Review' 'costs Following the Event']
['administrative Law' 'civil Procedure' 'costs'] ['statutory Appeal From Administrative Tribunal' 'leave to Appeal' 'question of Law' 'ncat Appeal Panel' 'judicial Review' 'costs Following the Event']

Case Brief

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Procedural Posture

Application for Leave to Appeal From a Civil and Administrative Tribunal Appeal Panel Decision Under S 83(1) of the Civil and Administrative Tribunal Act 2013 (nsw) / Hearing of Amended Summons and Request to Move on Draft Notice of Motion in the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether the plaintiff identified a question of law arising out of the Civil and Administrative Tribunal Appeal Panel's decision for which leave to appeal could be granted under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW)." 'Whether the amended summons could competently challenge the first instance Tribunal decision rather than the Appeal Panel decision.' 'Whether the plaintiff should be permitted to move on the draft notice of motion emailed on 23 July 2019.' 'Whether costs should follow the event, including reserved costs of the stay application heard on 13 November 2018.']

Ratio Decidendi

Leave to appeal was refused and the amended summons dismissed because, despite a liberal reading of the amended summons and oral submissions, the plaintiff identified no question of law arising out of and material to the Appeal Panel's decision. Her complaints were factual, evidentiary, misconceived, or unrelated to the Appeal Panel decision, so there was no ground on which leave could be granted under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW). The draft notice of motion was not permitted to proceed because its proposed relief was irrelevant, unsupported, futile, overtaken by the dismissal of the summons, or beyond the Court's jurisdiction in these proceedings.

Court Disposition

The plaintiff's application to move on the draft notice of motion was refused, the amended summons was dismissed, and the plaintiff was ordered to pay the defendants' costs including reserved costs of the stay application.

Orders

  • ["The plaintiff's application to move on the draft notice of motion emailed by her to the Associate to RA Hulme J on 23 July 2019 is refused." "The plaintiff's amended summons is dismissed." "The plaintiff is to pay the defendants' costs of the proceedings including the costs reserved of the plaintiff's application...