The Ombudsman v Robert Koopman [2002] NSWSC 1203

The Ombudsman v Robert Koopman [2002] NSWSC 1203

Because the Administrative Decisions Tribunal was presided over by His Honour Judge O'Connor, a Judge of the District Court of New South Wales, it was a specified tribunal; the proceedings sought to prohibit or restrain the Tribunal and obtain declarations concerning its powers, so they were assigned by s 48 of the Supreme Court Act to the Court of Appeal, and it was more appropriate that final determination be left to that Court rather than retaining the proceedings under s 51.

Jurisdiction
Australia
Judgment Date
13 December 2002
Procedural Posture
Proceedings Seeking Declaratory and Prerogative Relief to Prevent Proceedings in the Administrative Decisions Tribunal / Determination of Whether Proceedings Should Remain in the Common Law Division Administrative Law List or Be Removed Into the Court of Appeal
Outcome
Proceedings removed into the Court of Appeal.
Legal Topics
['proceedings to Prohibit Administrative Decisions Tribunal Proceedings' 'assignment of Business Between Supreme Court Divisions' 'specified Tribunal' 'prerogative Relief' 'declaratory Relief']
['administrative Law' 'civil Procedure'] ['proceedings to Prohibit Administrative Decisions Tribunal Proceedings' 'assignment of Business Between Supreme Court Divisions' 'specified Tribunal' 'prerogative Relief' 'declaratory Relief']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Proceedings Seeking Declaratory and Prerogative Relief to Prevent Proceedings in the Administrative Decisions Tribunal / Determination of Whether Proceedings Should Remain in the Common Law Division Administrative Law List or Be Removed Into the Court of Appeal

Legal Issues

  1. 1 ['Whether proceedings seeking to prohibit or restrain the Administrative Decisions Tribunal from proceeding, and seeking declarations concerning its powers, were assigned to the Court of Appeal under s 48 of the Supreme Court Act where the Tribunal was presided over by a District Court Judge.' 'Whether the proceedings should be permitted to remain in the Common Law Division under s 51 of the Supreme Court Act.']

Ratio Decidendi

Because the Administrative Decisions Tribunal was presided over by His Honour Judge O'Connor, a Judge of the District Court of New South Wales, it was a specified tribunal; the proceedings sought to prohibit or restrain the Tribunal and obtain declarations concerning its powers, so they were assigned by s 48 of the Supreme Court Act to the Court of Appeal, and it was more appropriate that final determination be left to that Court rather than retaining the proceedings under s 51.

Court Disposition

Proceedings removed into the Court of Appeal.

Orders

  • ['The proceedings be removed into the Court of Appeal.' 'The matter is to be listed for directions on a date to be fixed by the Registry and notified to parties.' 'The costs in the proceedings in this Division so far are reserved to the Court of Appeal.']