Avery v Registrar of Births, Deaths and Marriages [2014] NSWCA 303

Avery v Registrar of Births, Deaths and Marriages [2014] NSWCA 303

Leave to appeal was refused as granting leave would lack utility given that the Tribunal's final decision had been made and the applicant's grounds could instead be raised as part of an appeal against that final decision. There was no merit in the bias or procedural complaints in the context of interlocutory relief.

Source-derived case information.

Parties
Applicant: Stephanie Tatiana Patricia Avery; First Respondent: Registrar of Births, Deaths and Marriages Registry; Second Respondent: NSW Civil and Administrative Tribunal
Jurisdiction
Australia
Judgment Date
22 August 2014
Procedural Posture
Application for Leave to Appeal / Decision on Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Leave to Appeal, Bias, Oral Hearing, Procedural Irregularity, Costs
Administrative Law Civil Procedure Leave to Appeal Bias Oral Hearing Procedural Irregularity Costs

Source-derived case record

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Parties

Stephanie Tatiana Patricia Avery

Applicant

Registrar of Births, Deaths and Marriages Registry

First Respondent

NSW Civil and Administrative Tribunal

Second Respondent

Procedural Posture

Application for Leave to Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against an interlocutory decision of the Tribunal Appeal Panel
  2. 2 Whether the applicant was denied procedural fairness by the Tribunal's decision to decide the matter on the papers without an oral hearing
  3. 3 Whether there was a reasonable apprehension of bias by the Deputy President of the Tribunal

Ratio Decidendi

Leave to appeal was refused as granting leave would lack utility given that the Tribunal's final decision had been made and the applicant's grounds could instead be raised as part of an appeal against that final decision. There was no merit in the bias or procedural complaints in the context of interlocutory relief.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • The application for leave to appeal be dismissed with costs.