JE v Secretary, Department of Family and Community Services

[2019] NSWCA 162

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Denial of hearing on the merits
5. › Discretionary grounds to refuse relief
6. › Whether utility ground established
7. › Whether denial of procedural fairness could have had no bearing on outcome
8. › Supreme Court Act 1970 (NSW), s 69
1. Administrative Law
2. › Judicial review
3. › Appeal from Children's Court to District Court
4. › Whether error of law on the face of the record or jurisdictional error established
5. › Failure to accord procedural fairness as jurisdictional error
6. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 90, 91
1. Appeal
2. › Leave to appeal
3. › Extension of time
4. › Discretion to extend time
5. › Where gross delay without explanation
6. › Whether case is fairly arguable
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 50.3, 51.10(2)
1. Appeal
2. › Leave to appeal
3. › Discretionary judgment on practice and procedure
4. › Indemnity costs order
5. › Whether error of House v The King type identified
6. › Added restraint in appellate interference with discretionary decisions

Quick Take

Where a denial of procedural fairness is established and the material relevant to the underlying appeal is not before the reviewing court, the court cannot conclude that the breach could have had no bearing on the outcome, and relief should ordinarily be granted by remitting the matter for determination according to law.