Gaynor v Burns

[2016] NSWCA 44

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Gaynor v Burns [2016] NSWCA 44

Hearing dates:

24 February 2016

Date of orders:

16 March 2016

Decision date:

16 March 2016

Before:

McColl JA, Emmett AJA

Decision:

(1)   Grant leave to appeal.

 

(2)   Applicant to file the draft notice of appeal appearing in the White Book, but excising paragraphs 8-10, within 7 days of the date of this judgment.

 

(3) Dispense with the requirement to prepare the appeal books referred to in UCPR 51.27 - 51.30.

 

(4)   Refer the appeal to the Registrar of the Court of Appeal to make directions concerning the filing of written submissions addressing the construction point and to determine what, if any, additional materials need to be included in the White Book.

 (5)   Costs of the leave application to be costs in the appeal.

Catchwords:

ADMINISTRATIVE LAW – Statutory appeals from administrative bodies – Civil and Administrative Tribunal – Appeal Panel – Appeals from – Where Appeal Panel included Acting District Court judge – Appeal to Court of Appeal – Civil and Administrative Tribunal Act 2013 (NSW), s 83 – Supreme Court Act 1970 (NSW) s 48 – District Court Act 1973 (NSW), s 18

PROCEDURE – application for leave to appeal – costs – Civil and Administrative Tribunal Act 2013 (NSW), s 60

Legislation Cited:

Civil and Administrative Tribunal Act 2013 (NSW)
Civil Procedure Act 2005 (NSW)
District Court Act 1973 (NSW)
Supreme Court Act 1970 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Legal Profession Uniform Conduct (Barristers) Rules 2015

Cases Cited:

B & L Linings Pty Ltd v Chief Commissioner of State Revenue [2008] NSWCA 187; (2008) 74 NSWLR 481
Daykin v SAS Trustee Corporation [2001] NSWSC 58; (2001) 51 NSWLR 328
House v R [1936] HCA 40; (1936) 55 CLR 499
Macquarie Bank Ltd v Fociri Pty Ltd (1992) 27 NSWLR 203
Puglisi v Administrative Decisions Tribunal of New South Wales Appeal Panel [2001] NSWCA 298; (2001) 52 NSWLR 350
Quach v New South Wales Health Care Complaints Commission [2016] NSWCA 10

Category:

Principal judgment

Parties:

Bernard Gaynor (Applicant)
Garry Burns (Respondent)

Representation:

Counsel:
P King (Applicant)
K Nomchong SC and D Chitty (Respondent)

  Solicitors:
Robert Balzola and Associates (Applicant)
K&L Gates (Respondent)

File Number(s):

2015/251109

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

Civil and Administrative Tribunal

Jurisdiction:

Appeal Panel

Citation:

[2015] NSWCATAP

Date of Decision:

23 July 2015

Before:

Boland J, ADCJ, Deputy President,Emeritus Professor M Chesterman, Principal Member and L Robberds QC, Senior Member

File Number(s):

AP15/05125

Judgment

1. THE COURT: By Summons seeking leave to appeal filed on 16 September 2015 (Summons), the applicant, Bernard Gaynor, sought leave to appeal pursuant to s 83(1) of the Civil and Administrative Tribunal Act 2013 (NSW) (CAT Act) from a decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales (Boland J, ADCJ, Deputy President, Emeritus Professor M Chesterman, Principal Member and L Robberds QC, Senior Member). In that decision,…