Shapkin v The University of Sydney

The applicant, Shapkin, sought leave to appeal and also commenced judicial review proceedings concerning decisions made by the NSW Civil and Administrative Tribunal. The judicial review proceedings had been stayed. The appeal concerned whether the primary judge had erred in exercising their discretion to refuse to conduct the judicial review under s 34(1)(c) of the *Civil and Administrative Tribunal Act 2013* (NSW), and whether the primary judge had misapplied the principle established in *Wishart v Fraser* (1941) 64 CLR 470.

The Court of Appeal was required to determine whether the primary judge's refusal to conduct the judicial review was a proper exercise of discretion, and whether the legal principle from *Wishart v Fraser* had been correctly applied. The court considered the prospects of success for the proposed appeal.

The Court of Appeal concluded that there were insufficient prospects of success to warrant granting leave to appeal. Consequently, the summons seeking leave to appeal was dismissed, and the applicant was ordered to pay the first respondent's costs.