RSMC v RMNS and Anor

In RSMC v RMNS and Anor, the applicant sought to have an administrator appointed and filed an application for leave to appeal or an appeal against an interlocutory decision in the primary application. The applicant subsequently filed applications for the appeal to be transferred to the Court of Appeal. The President of the Administrative Appeals Tribunal (AAT) has the power to transfer an appeal to the Court of Appeal with the court’s leave, and the court must consider whether the appeal could be more effectively or conveniently dealt with by the Court of Appeal and whether it would be appropriate for the appeal to be transferred. The AAT dismissed the application to transfer the appeal, finding that the matters raised did not warrant a transfer to the Court of Appeal. The court ordered the applicant and the first respondent to file evidence and written submissions to show cause why the application for leave to appeal or the appeal should not be struck out, and the second respondent to file a response. Unless requested by either party, the court would determine whether the proceeding should be dismissed on the papers.

The legal issues before the court involved the power of the President of the AAT to transfer an appeal to the Court of Appeal, and the criteria for determining whether an appeal should be transferred. The court considered the relevant statutory provisions and previous case law, and found that the applicant had not demonstrated that the appeal could be more effectively or conveniently dealt with by the Court of Appeal or that it would be appropriate for the appeal to be transferred. The court also considered the interests of justice and the efficiency of the administrative law system in making its decision. The applicant's applications to transfer the appeal were dismissed, and the court ordered the parties to file evidence and written submissions on the merits of the appeal. The court emphasised that the decision to transfer an appeal to the Court of Appeal was not to be taken lightly, and that the criteria for transfer were stringent.