Zaksaw Pty Ltd v Gudu [2024] NSWCA 296

Zaksaw Pty Ltd v Gudu [2024] NSWCA 296

The District Court did not exceed the limits of its authority when construing s 167 and determining the appeals. Any alleged error of statutory construction was not jurisdictional. The Supreme Court's jurisdiction is limited by s 176 to jurisdictional error, and none was established.

Parties
First Applicant: Zaksaw Pty Ltd; Second Applicant: Stefania Giacchi; First Respondent: Sharon Gudu, in her role as the Executive Director Quality Assurance and Regulatory Services, Early Childhood Education, Department of Education; Second Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
06 December 2024
Procedural Posture
Judicial Review / Court of Appeal Determination of Summons Seeking Orders in the Nature of Certiorari
Outcome
summons dismissed with costs
Legal Topics
Judicial Review, Jurisdictional Error, Statutory Construction, Supervisory Jurisdiction
Administrative Law Criminal Law Judicial Review Jurisdictional Error Statutory Construction Supervisory Jurisdiction

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Parties

Zaksaw Pty Ltd

First Applicant

Stefania Giacchi

Second Applicant

Sharon Gudu, in her role as the Executive Director Quality Assurance and Regulatory Services, Early Childhood Education, Department of Education

First Respondent

District Court of New South Wales

Second Respondent

Procedural Posture

Judicial Review / Court of Appeal Determination of Summons Seeking Orders in the Nature of Certiorari

Legal Issues

  1. 1 Whether the District Court made a jurisdictional error in construing s 167 of the Children (Education and Care Services) National Law (NSW)
  2. 2 Whether an error of law in construction amounted to jurisdictional error for the purposes of Supreme Court supervisory jurisdiction

Ratio Decidendi

The District Court did not exceed the limits of its authority when construing s 167 and determining the appeals. Any alleged error of statutory construction was not jurisdictional. The Supreme Court's jurisdiction is limited by s 176 to jurisdictional error, and none was established.

Court Disposition

summons dismissed with costs

Orders

  • The summons filed on 24 September 2024 is dismissed with costs