Harding v University of New South Wales

The appeal concerned a decision of the Administrative Decisions Tribunal (ADT) refusing an order sought by the applicant, Harding, by way of a Notice of Motion. The dispute arose from an undertaking given by the ADT to deal with Harding's application in a particular way, and the subsequent alleged failure to comply with that undertaking. The matter came before the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the undertaking given by the ADT was valid, what remedy, if any, was available to Harding if the undertaking was not complied with, and whether a declaration or order would be of any practical utility. Additionally, the Court considered whether the ADT's decision to refuse the order sought by Notice of Motion was a final or interlocutory decision, which determined whether an appeal lay as of right.

The Court reasoned that the ADT's undertaking was not a valid basis for judicial review, as it did not constitute a legally binding promise that could be enforced. Furthermore, the Court found that even if the undertaking were considered, the relief sought by Harding, such as a declaration or order, would not be of any practical utility given the circumstances. The Court also determined that the ADT's refusal of the order sought by Notice of Motion was an interlocutory decision, meaning an appeal could not be brought as of right.

The Court of Appeal extended the time for filing the Summons for Leave to Appeal, granted leave to appeal to the extent necessary, but ultimately dismissed the appeal. No order was made as to the costs of the appeal.