Burns v Gaynor & Ors

In these applications before the High Court of Australia, the applicants, including the Attorney-General for New South Wales and the Attorney-General for the Commonwealth, sought special leave to appeal decisions made by the Civil and Administrative Tribunal of New South Wales. The specific nature of the dispute between the parties is not detailed in this transcript.

The primary legal issue before the High Court was whether to grant special leave to appeal. This involves determining if the proposed appeals raise a question of law of public importance or if there is any other reason why the High Court should grant leave.

Justices Gordon and Edelman were of the view that special leave should be granted in each of the applications. In two of the matters (S43 and S44 of 2017), the Attorney-General for New South Wales provided an undertaking not to seek costs for the special leave application or the appeal, and also not to seek to disturb the costs orders made in the court below. The court indicated that further directions and time estimates for the hearing of the appeals would be communicated to the parties.