Malek Fahd Islamic School Limited v Minister for Education and Early Learning

[2023] NSWCA 143

NSW Court of Appeal

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Interrogate

Catchwords

1. Education
2. › Financial assistance to non-government schools
3. › Entitlement conditioned on school not operating for profit
4. › Recovery of payments made while school operating for profit
5. › Recovery by reduction of future assistance
6. › Whether Limitation Act applies to non-curial recovery mechanism
7. › Education Act 1990 (NSW), ss 83B, 83C, 83J
1. Limitation of Actions
2. › Cause of action to recover money recoverable by virtue of an enactment
3. › Recovery by reduction of future entitlements
4. › Whether such recovery an 'action'
5. › Whether extinguishment of statutory debt affects power to recover by reducing future payments
6. › Limitation Act 1969 (NSW), ss 11, 14(1)(d), 63
1. Statutory Interpretation
2. › Presumption that statutory scheme for recovery of overpayments constitutes a code
3. › Inclusive definition of 'action'
4. › Whether non-curial recovery mechanism falls within limitation provisions
5. › Education Act 1990 (NSW), s 83J(3)

Quick Take

The Minister's power to recover overpayments by reducing future financial assistance under s 83J(3)(b) of the Education Act 1990 (NSW) is not subject to any limitation period, and the expiry of the limitation period for debt recovery under s 83J(3)(a) does not extinguish the power to recover by reduction of future payments.