Christian Community Ministries Ltd v Minister for Education and Early [2023] NSWSC 272 — Judicial Review & Non-government Schools — Barrister AI

Christian Community Ministries Ltd v Minister for Education and Early

[2023] NSWSC 272

Supreme Court of NSW

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Interrogate

Catchwords

1. Admiinistrative Law
2. › judicial review
3. › grounds
4. › provision of financial assistance to non-government schools
5. › discretionary power to recover funds from schools operating for profit
6. › conditions of engagement of power
7. › whether dependent on declaration that school non-compliant
8. › power to recover part only of amount
9. › whether Minister misapprehended scope of power
1. Admiinistrative Law
2. › judicial review
3. › grounds
4. › review of fact-finding
5. › unreasonableness
6. › outcome not unreasonable
7. › challenge to material fact, not jurisdictional nor essential to outcome
1. Education
2. › non-government schools
3. › government financial assistance
4. › school operating for profit
5. › funding continued
6. › recovery of past payments made while school operating for profit
1. Statutory Interpretation
2. › criteria of engagement of power
3. › whether criterion dependent on satisfaction of decision-maker where not stated but other criteria were
4. › whether declaration as to present circumstances extends to past periods
5. › use of present tense “is”
6. › Education Act 1990 (NSW), Pt 7, Div 3

Case Details

Citation[2023] NSWSC 272

CourtNSWSC

JurisdictionNew South Wales

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Cited by7

2026Central Coast Council v Minister Administering the Crown Land Management Act 2016NSWSC 238
2025Archibald v AgustinNSWCATAP 275
2024Christian Community Ministries Ltd v Minister for Education and Early LearningNSWCA 1
2023Picos v Council of the New South Wales Bar AssociationNSWCA 218
and 3 more after sign-in

Relies on12

2018CRI026 v The Republic of NauruHCA 19
2017Muggeridge v Minister for Immigration and Border ProtectionFCAFC 200
2016Duncan v Independent Commission Against CorruptionNSWCA 143
2016Minister for Immigration and Border Protection v SZUXNFCA 516
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