Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213

Wilson v Chan & Naylor Parramatta Pty Ltd [2020] NSWCA 213

A tribunal has implied authority to determine whether it has jurisdiction and, when it concludes it lacks jurisdiction due to federal law, it may make orders for costs consequential on that finding, so long as those orders are not referable to substantive adjudication of matters within federal jurisdiction; such costs orders are within power, but costs orders extending to substantive matters in federal jurisdiction are beyond power.

Parties
Appellant: Stephen Wilson; First Respondent: Chan & Naylor Parramatta Pty Ltd; Second Respondent: Civil and Administrative Tribunal of New South Wales (NCAT); Intervener: Attorney General for New South Wales
Jurisdiction
Australia
Judgment Date
08 September 2020
Procedural Posture
Appeal / Court of Appeal – Final Judgment
Outcome
Appeal dismissed with costs (by majority).
Legal Topics
Judicial Power of the Commonwealth, Federal Jurisdiction, Jurisdiction of State Tribunals, Costs Orders, State Legislative Competence, Dismissal for Want of Jurisdiction
Constitutional Law Procedure – Costs Judicial Power of the Commonwealth Federal Jurisdiction Jurisdiction of State Tribunals Costs Orders State Legislative Competence Dismissal for Want of Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 35 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Stephen Wilson

Appellant

Chan & Naylor Parramatta Pty Ltd

First Respondent

Civil and Administrative Tribunal of New South Wales (NCAT)

Second Respondent

Attorney General for New South Wales

Intervener

Procedural Posture

Appeal / Court of Appeal – Final Judgment

Legal Issues

  1. 1 Whether NCAT had power to make costs orders consequential on dismissing or transferring proceedings it had no federal jurisdiction to hear.
  2. 2 Scope of State Parliament’s legislative competence to confer such power on NCAT.

Ratio Decidendi

A tribunal has implied authority to determine whether it has jurisdiction and, when it concludes it lacks jurisdiction due to federal law, it may make orders for costs consequential on that finding, so long as those orders are not referable to substantive adjudication of matters within federal jurisdiction; such costs orders are within power, but costs orders extending to substantive matters in federal jurisdiction are beyond power.

Court Disposition

Appeal dismissed with costs (by majority).

Orders

  • Appeal dismissed with costs.