Frost v Amaca Pty Ltd

(2004) 61 NSWLR 159; [2004] NSWCA 358

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Jurisdiction
3. › Stated case
4. › Whether statutory tribunal has power to state case for opinion of superior court
5. › Whether Court of Appeal has jurisdiction to entertain stated case from Dust Diseases Tribunal
6. › Dust Diseases Tribunal Act 1989 (NSW), ss 10, 13, 32, 33
7. › Supreme Court Act 1970 (NSW), ss 23, 48, 69
1. Practice and Procedure
2. › Courts and tribunals
3. › Statutory courts of limited jurisdiction
4. › Powers confined to establishing Act and necessary implications
5. › Whether rule-making power can create appellate jurisdiction
6. › Dust Diseases Tribunal Act 1989 (NSW), s 33
7. › Dust Diseases Tribunal Rules, r 2
1. Practice and Procedure
2. › Appeals
3. › Right of appeal
4. › Appeal not a common law remedy
5. › Requirement for statutory authority to confer right of appeal
6. › Whether stated case procedure constitutes form of appeal requiring statutory authority

Quick Take

The Dust Diseases Tribunal cannot state a case for the opinion of the Court of Appeal. Section 48(2)(h) of the Supreme Court Act 1970 (NSW) distributes business to the Court of Appeal but does not confer on specified tribunals the power to state a case. The only avenue of appeal from the Tribunal to the Supreme Court is under s 32 of the Dust Diseases Tribunal Act 1989, which requires a decision of the Tribunal with which a party is dissatisfied. The incorporation of Supreme Court Rules via the Tribunal's rules cannot create appellate or referral jurisdiction that does not otherwise exist.