ADMINISTRATIVE LAW — Where judicial review is sought — Where appeal proceedings before NSW Civil and Administrative Tribunal Appeal Panel have been heard but not determined — Whether the plaintiff’s summons is futile and premature
Quick Take
1Judicial review of an interlocutory refusal to grant a temporary stay is futile where the substantive proceedings have since been fully heard with the applicant's participation, because no useful result could ensue from quashing the interlocutory order.
2A challenge to a procedural order made during appeal proceedings is premature where the appeal has been heard and judgment reserved, as the applicant's rights to challenge any error can be pursued after the final decision is delivered.
3The court left open whether judicial review (rather than statutory appeal under s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW)) was the proper avenue to challenge the NCAT decision.
