Visscher v SafeWork NSW [2022] NSWSC 908

Visscher v SafeWork NSW [2022] NSWSC 908

Because the plaintiff conceded, correctly, that the questions in the Notice of Motion did not arise in the judicial review proceedings commenced by Summons, r 28.2 did not permit the Court to identify them as separate questions or set a procedure for answering them, and it was therefore inappropriate to refer them to the Court of Appeal.

Jurisdiction
Australia
Judgment Date
06 July 2022
Procedural Posture
Judicial Review Proceedings; Notice of Motion for Separate Determination of Questions and Referral to the Court of Appeal / Procedural Ruling
Outcome
The plaintiff's Notice of Motion filed 8 March 2022 was dismissed.
Legal Topics
['separate Determination of Questions' 'referral to the Court of Appeal' 'judicial Review']
['civil Procedure'] ['separate Determination of Questions' 'referral to the Court of Appeal' 'judicial Review']

Case Brief

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Procedural Posture

Judicial Review Proceedings; Notice of Motion for Separate Determination of Questions and Referral to the Court of Appeal / Procedural Ruling

Legal Issues

  1. 1 ["Whether the questions identified in the plaintiff's Notice of Motion could be determined separately under r 28.2 of the Uniform Civil Procedure Rules 2005 when they did not arise in the judicial review proceedings." 'Whether those questions and the proceedings should be referred to the Court of Appeal.']

Ratio Decidendi

Because the plaintiff conceded, correctly, that the questions in the Notice of Motion did not arise in the judicial review proceedings commenced by Summons, r 28.2 did not permit the Court to identify them as separate questions or set a procedure for answering them, and it was therefore inappropriate to refer them to the Court of Appeal.

Court Disposition

The plaintiff's Notice of Motion filed 8 March 2022 was dismissed.

Orders

  • ["Dismiss the plaintiff's Notice of Motion filed 8 March 2022."]