University of New South Wales v AAI Limited

The University of New South Wales (the applicant) sought leave to appeal an interlocutory decision of the Dust Diseases Tribunal. The respondent was AAI Limited. The core of the dispute concerned the Tribunal's power to set aside or vary its own interlocutory orders.

The primary legal issue before the Court of Appeal was whether the Dust Diseases Tribunal possessed the inherent jurisdiction to set aside or vary its own interlocutory orders, notwithstanding the absence of express statutory power to do so. This question arose in the context of the applicant seeking to have an earlier interlocutory order of the Tribunal set aside.

The Court of Appeal held that the Dust Diseases Tribunal, as a creature of statute, did not possess inherent jurisdiction beyond that conferred by the relevant legislation. The Court referred to the Uniform Civil Procedure Rules 2005, particularly Rules 36.15 to 36.18, which govern the setting aside and variation of judgments and orders, and noted that these rules provide a specific framework for such applications. The Court concluded that the Tribunal's powers were limited to those expressly granted by statute or necessarily incidental to the exercise of those powers, and that it did not have an inherent power to set aside its own interlocutory orders in the manner sought by the applicant.

The application for leave to appeal was therefore refused, with costs awarded to the respondent.