McGuirk v Attorney General of NSW

McGuirk brought an application to the Administrative Decisions (Judicial Review) Act Tribunal seeking a declaration that a Minister did not hold a document. The Attorney General of New South Wales sought to intervene in the proceedings. The intervener objected to the application on jurisdictional grounds. The Tribunal held that it had jurisdiction to hear the application. The intervener appealed the Tribunal's decision to the Supreme Court.

The central legal issue before the Court was whether the Tribunal had jurisdiction to hear the application. The intervener argued that the Tribunal did not have jurisdiction because the application was not brought within the relevant time limit. Additionally, the intervener argued that the application did not fall within the scope of the Act.

The Court held that the application was not brought within the relevant time limit and, as such, the Tribunal did not have jurisdiction to hear the application. The Court further held that even if the application had been brought within the relevant time limit, it still would not have fallen within the scope of the Act. The Court held that the Act only applies to decisions made in the exercise of a power or performance of a duty or function of a public nature, and that the issue of whether the Minister held a document did not fall within this scope.

The Court set aside the Tribunal's decision and, in substitution, held that the Tribunal had no jurisdiction to entertain the application. No orders were made as to costs.