Secretary, Department of Education v Derikuca

The Secretary, Department of Education (the applicant) appealed to the Court of Appeal of the Supreme Court of New South Wales against orders made by the Supreme Court. The dispute concerned the exercise of a statutory power by the Department and the availability of remedies, including certiorari and declarations, in relation to that exercise. The proceedings below involved the applicant and the respondent, Mr Derikuca.

The Court of Appeal was required to determine whether the Supreme Court had erred in granting remedies, specifically certiorari and declarations, against the applicant. A key issue was whether the Supreme Court had the power to make orders affecting the rights or obligations of persons not before the court, particularly in the context of contractual relationships. The Court also considered the scope of the Supreme Court's power under section 63 of the *Supreme Court Act 1970* (NSW) to resolve controversies before it.

The Court of Appeal allowed the appeal, finding that the Supreme Court had erred in its original orders. The Court reasoned that the Supreme Court should be slow to make declarations about contracts involving persons not before the court. Furthermore, while section 63 of the *Supreme Court Act 1970* grants broad powers to resolve controversies, this power should be exercised to resolve the dispute before the court, not to create further disputes or make orders affecting third parties. The Court concluded that the remedies granted below were inappropriate.

Consequently, the Court of Appeal set aside the orders made by the Supreme Court and ordered that the proceedings be dismissed.