Eliezer v The Council of St Andrew's Cathedral School

[2021] NSWCA 144

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Jurisdictional error
5. › Distinction between 'lack of jurisdiction' and 'jurisdictional error'
6. › Whether District Court judge misapprehended meaning of 'lack of jurisdiction' in s 39(2) Local Court Act 2007 (NSW)
7. › Local Court Act 2007 (NSW), s 39(2)
1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Error of law on the face of the record
5. › What constitutes the 'record' of the Local Court
6. › Whether transcript of proceedings forms part of the record
7. › Supreme Court Act 1970 (NSW), s 69
1. Administrative Law
2. › Judicial review
3. › Adequacy of reasons
4. › Whether ex tempore reasons of District Court judge were adequate
5. › Whether reasons provided basic explanation of fundamental reasons for conclusion
1. Administrative Law
2. › Judicial review
3. › Jurisdictional facts
4. › Whether matters alleged by applicants were capable of being 'jurisdictional facts'
5. › Whether incorrectly deciding a matter within jurisdiction constitutes jurisdictional error

Quick Take

An appeal from the Small Claims Division of the Local Court to the District Court lies only on the grounds of lack of jurisdiction or denial of procedural fairness under s 39(2) of the Local Court Act 2007 (NSW), and 'lack of jurisdiction' is distinct from 'jurisdictional error'; an unreversed District Court decision on appeal creates estoppels preventing re-agitation of the same grounds in the Court of Appeal.