Bakers Delight Holdings Limited v Industrial Court of New South Wales

[2009] NSWCA 142

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Court of Appeal
5. › From Supreme Court decision on appeal from Local Court
6. › Whether sufficient prospects of success
7. › Small amount at issue
1. Practice and Procedure
2. › Costs
3. › Power to award costs
4. › Small Claims Division of Local Court
5. › Whether power to award 'expenses' as distinct from legal professional costs
6. › Local Courts Act 1982 (NSW), s 73(2)
1. Administrative Law
2. › Jurisdictional error
3. › Inferior courts
4. › Court making order of a type it has no power to make
5. › Whether absence of power to award expenses constituted jurisdictional error
6. › Whether 'lack of jurisdiction' within s 73(2) of Local Courts Act 1982 (NSW)

Quick Take

A court making an order of a type it has no power to make commits jurisdictional error within the 'most obvious' category identified in Craig v South Australia, even where the relevant legislation does not 'strictly limit' the court's powers but simply does not confer any power to make the order in question. The statutory power to award costs in the Small Claims Division of the Local Court is confined to legal professional costs and does not extend to expenses such as travel costs incurred by unrepresented litigants.