Eliezer v The Council of St Andrew’s Cathedral School [2021] NSWCA 144

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Eliezer v The Council of St Andrew's Cathedral School [2021] NSWCA 144 Hearing dates: 9 July 2021 Date of orders: 3 August 2021 Decision date: 03 August 2021 Before: Payne JA at [1] White JA at [2] Stevenson J at [3] Decision: Summons dismissed with costs; applicants to file and serve within 10 business days any evidence and submissions, limited to 10 pages, in reply to the respondent's application for a gross sum costs order Catchwords: ADMINISTRATIVE LAW – application for orders in the nature of certiorari quashing decision of District Court dismissing an appeal from the Small Claims Division of the Local Court and the decision of the Local Court for jurisdictional error and error of law on the face of the record – where appeal to District Court lies only on basis of lack of jurisdiction or denial of procedural fairness – where applicants contended District Court judge misapprehended the meaning of "lack of jurisdiction", failed to make a bona fide assessment of the grounds of appeal and failed to give adequate reasons – where applicants' challenge to the Local Court decision out of time – where applicants contended that Local Court assessor failed to take into account "jurisdictional facts", gave judgment notwithstanding notice of an alleged counter claim or set-off and otherwise invalidly exercised jurisdiction Legislation Cited: Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Education Act 1990 (NSW) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Boele v Rinbac Pty Ltd (2014) 88 NSWLR 381; [2014] NSWCA 451 Choi v NSW Ombudsman [2021] NSWCA 68 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135; [2000] HCA 5 Craig v State of South Australia (1995) 184 CLR 163; [1995] HCA 58 Cypressvale Pty Ltd v Retail Shop Leases Tribunal [1996] 2 Qd R 462; [1995] QCA 187 Eliezer v The Council of St Andrew's Cathedral School (District Court (NSW), Hatzistergos DCJ, 19 November 2020, unrep) Fairfax Digital Australia & New Zealand Pty Ltd v District Court of New South Wales [2012] NSWCA 172 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Geftlic v Merhi [2011] NSWCA 241 Hunter v Transport Accident Commission [2005] VSCA 1 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Phillips v Walsh (1990) 20 NSWLR 206 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Singh v Minister for Immigration and Multicultural Affairs [1999] FCA 1322 Strbak v Newton (Court of Appeal (NSW), Samuels JA, 18 July 1989, unrep) The Council of St Andrew's Cathedral School v Eliezer (Local Court (NSW), Assessor Keir, 27 November 2019, unrep) Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55; [1999] NSWCA 8 Tonab Investments Pty Ltd v Optima Developments Pty Ltd (2015) 90 NSWLR 268; [2015] NSWCA 287 Xuereb v Viola (1989) 18 NSWLR 453 Texts Cited: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, 2017, Thomson Reuters) M Leeming, Authority to Decide: The Law of Jurisdiction in Australia (2nd ed, 2020, The Federation Press) Category: Principal judgment Parties: Supriya Eliezer (First Applicant) Joseph Eliezer (Second Applicant) The Council of St Andrew's Cathedral School (First Respondent) District Court of NSW (Second Respondent) Local Court of NSW (Third Respondent) Representation: Counsel: Dr G O'Shea (First Respondent)