Hetherington-Gregory v All Vehicle Services

The applicant, Hetherington-Gregory, sought leave to appeal and a stay of a District Court order that summarily dismissed its proceedings against All Vehicle Services. The dispute arose from All Vehicle Services' refusal to issue a certificate of roadworthiness for a motor home, which the applicant alleged constituted a breach of duty of care.

The Court of Appeal was required to determine whether it had the power to grant a stay of the District Court's summary dismissal order, and whether the applicant's claim for damages was an appropriate mechanism to review the decision of a public authority, particularly in light of sections 43 to 44 of the *Civil Liability Act 2002* (NSW).

Basten JA noted that the applicant's claim appeared to be an attempt to circumvent the established procedures for reviewing administrative decisions by framing it as a claim in negligence. The Court considered the principles governing stays of judgment and the proper avenues for challenging decisions of public authorities. The Court ultimately dismissed the motion for a stay of the District Court's judgment and an order setting aside any lien over the motor home. The Court also made directions regarding the hearing of the application for leave to appeal and the filing of evidence and submissions.