Gaynor v Burns

[2016] NSWCA 44

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Statutory appeals from administrative bodies
3. › Civil and Administrative Tribunal
4. › Appeal Panel
5. › Appeals from
6. › Where Appeal Panel included Acting District Court judge
7. › Whether Appeal Panel a 'specified tribunal'
8. › Appeal to Court of Appeal
9. › Civil and Administrative Tribunal Act 2013 (NSW), s 83
10. › Supreme Court Act 1970 (NSW), s 48
11. › District Court Act 1973 (NSW), s 18
1. Practice and Procedure
2. › Application for leave to appeal
3. › Costs
4. › Whether 'special circumstances' under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) may include conduct in proceedings below
5. › Civil and Administrative Tribunal Act 2013 (NSW), s 60
1. Practice and Procedure
2. › Jurisdiction
3. › Distribution of business between Court of Appeal and Divisions
4. › Whether tribunal constituted by Acting District Court Judge is 'specified tribunal'
5. › Supreme Court Act 1970 (NSW), s 48

Quick Take

An NCAT Appeal Panel presided over by an Acting District Court Judge is a 'specified tribunal' within s 48(1)(a) of the Supreme Court Act 1970 (NSW), meaning appeals from such panels must be commenced in the Court of Appeal rather than the Common Law Division. The question whether 'special circumstances' under s 60 of the CAT Act may include conduct in proceedings before the original decision-maker (rather than only the proceedings before the Appeal Panel itself) was left open for determination on the substantive appeal.