Ekermawi v Administrative Decisions Tribunal of New South Wales

In the matter of Ekermawi v Administrative Decisions Tribunal of New South Wales, the plaintiff, Ekermawi, sought judicial review of the decisions of the Administrative Decisions Tribunal (the Tribunal) in relation to two complaints. Ekermawi alleged that the Tribunal erred in the application of the correct legal test to determine whether leave should be granted for the complaints to proceed, and that the Tribunal denied him natural justice by imposing an obligation on him to establish'substantial reasons' for the grant of leave. The case was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the Tribunal applied the wrong legal test in determining the grant of leave for the complaints to proceed and whether the Tribunal denied the plaintiff natural justice by imposing an obligation on him to establish 'substantial reasons' for the grant of leave. The court needed to consider the relevant statutory provisions, case law, and principles of natural justice to resolve these issues.

The court found that the Tribunal had indeed erred in applying the wrong legal test to determine whether leave should be granted for the complaints to proceed. The court held that the Tribunal's approach was inconsistent with the statutory provisions and established jurisprudence. Additionally, the court determined that the Tribunal denied the plaintiff natural justice by imposing an obligation on him to establish 'substantial reasons' for the grant of leave. This obligation was not consistent with the principles of natural justice, which require that the party seeking relief bears the burden of proof only in relation to the merits of the case, not in relation to the grant of leave. The court concluded that these errors warranted judicial review.

The court issued orders setting aside the decisions of the Tribunal and remitted the matter back to the Tribunal for reconsideration in light of the court's findings. The plaintiff was also awarded costs.