Moloney v Taylor

The appeal concerned a dispute between Moloney (appellant) and Taylor (respondent) before the Court of Appeal of the Supreme Court of New South Wales, constituted by McColl and Simpson JJA and Ball J. The core of the matter involved a statutory appeal from a decision of the Civil and Administrative Appeal Panel.

The Court was required to determine the appropriate approach for the Appeal Panel when considering an internal appeal. Specifically, the proceedings involved a claim for compensation under section 33, and the Appeal Panel's prior decision on this matter was under review.

The Court granted leave to appeal and directed the appellant to file a formal Notice of Appeal. Crucially, the Court varied the Appeal Panel's previous order, remitting the proceedings, including the question of whether compensation should be ordered under section 33, to a Member of the Tribunal for determination. The respondent was ordered to pay the costs of the application for leave to appeal and the appeal itself, with the possibility of a certificate under the Suitors’ Fund Act 1951 (NSW) for the respondent if qualified.