McGuirk v University of New South Wales

McGuirk appealed to the Court of Appeal of New South Wales against an order of the Appeal Panel of the Administrative Decisions Tribunal. The Appeal Panel had dismissed McGuirk's appeal concerning costs. The University of New South Wales sought to have McGuirk's appeal to the Court of Appeal dismissed as incompetent.

The central legal issue before the Court of Appeal was whether McGuirk's appeal was an appeal against "a decision as to costs" within the meaning of the relevant legislation, and consequently, whether leave to appeal was necessary.

Hodgson JA determined that the appeal was indeed against a decision as to costs. The Court of Appeal's jurisdiction to hear appeals from the Administrative Decisions Tribunal is limited, and appeals concerning only costs typically require leave. However, his Honour granted McGuirk leave to amend his proceedings to formally seek leave to appeal, providing a twenty-one-day window for this amendment. McGuirk was ordered to pay the University's costs of its notice of motion, but no order was made as to the costs of McGuirk's own notice of motion.