Schoeman v Department of Attorney General and Justice

The applicant, Schoeman, sought leave to appeal from a decision of the Appeal Panel of the Administrative Decisions Tribunal. The Appeal Panel had re-exercised its discretion regarding costs under section 88(1A) of the *Administrative Decisions Tribunal Act 1997* (NSW). The respondent was the Department of Attorney General and Justice.

The central legal issue before the Court of Appeal was whether there was an identifiable error of law in the Appeal Panel's decision to re-exercise its discretion concerning costs. The applicant contended that such an error had occurred.

The Court of Appeal found no identifiable error of law in the Appeal Panel's decision. Consequently, leave to appeal was refused. The applicant was ordered to pay the respondent's costs of the application for leave to appeal.