Choi v NSW Ombudsman

The plaintiff, Choi, filed an application seeking judicial review of decisions made by the NSW Ombudsman, which were the subject of an appeal to the NSW Civil and Administrative Tribunal (NCAT). Choi contended that the Ombudsman's decisions contained numerous errors of law, including jurisdictional errors, and that the Ombudsman had acted with bias and discrimination. The application was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the Ombudsman's decisions contained reviewable errors of law, and whether the Ombudsman had acted in a manner that was unfair or discriminatory. The court had to consider whether the errors alleged by Choi were indeed jurisdictional in nature, and whether they warranted judicial intervention. Additionally, the court examined whether the Ombudsman's conduct during the investigation and in making the decisions amounted to a breach of the principles of natural justice or was otherwise unfair.

The court determined that the errors alleged by Choi were not jurisdictional in nature and did not warrant judicial intervention. The court held that the Ombudsman's decisions were not so flawed as to render them reviewable on the grounds of error of law. Furthermore, the court found that the Ombudsman's conduct did not amount to bias or discrimination. The court concluded that the Ombudsman had acted within the scope of their statutory powers and had not breached the principles of natural justice. Consequently, Choi's application for judicial review was dismissed.

No further orders were made by the court.