Matkevich v New South Wales Technical and Further Education Commission [No 2]

Matkevich appealed to the New South Wales Court of Appeal against the decision of the Supreme Court of New South Wales, which had dismissed his application for a writ of mandamus. The dispute concerned the respondent's refusal to grant Matkevich a licence to operate a private college, a decision Matkevich contended was unlawful.

The Court of Appeal was required to determine whether the respondent had acted unlawfully in refusing to grant the licence. Specifically, the court considered whether the respondent had failed to consider relevant matters or had taken into account irrelevant considerations when making its decision, and whether the respondent had failed to provide adequate reasons for its refusal.

The Court of Appeal found that the respondent had failed to provide adequate reasons for its refusal to grant the licence, which constituted an error of law. The court reasoned that while the respondent had a discretion to refuse a licence, that discretion must be exercised according to law, which includes providing sufficient reasons to enable the applicant to understand the basis of the decision and to challenge it if necessary. The court applied the principles of administrative law concerning the duty to give reasons.

The Court of Appeal allowed the appeal, set aside the order of the Supreme Court, and remitted the matter to the respondent with a direction to reconsider the application and provide adequate reasons for its decision.