Assyrian Christian Schools Ltd v Minister for Education and Early Learning [2023] NSWSC 749

Supreme Court New South Wales

Medium Neutral Citation: Assyrian Christian Schools Ltd v Minister for Education and Early Learning [2023] NSWSC 749 Hearing dates: 04 April 2023 Decision date: 04 April 2023 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 64(1) of the Civil Procedure Act 2005 (NSW), the name of the defendant in this proceeding be amended to "Minister for Education and Early Learning". (2) Pursuant to r 36.4(3) of the Uniform Civil Procedure Rules 2005 (NSW), the order in paragraph 1 take effect from the date of commencement of this proceeding, being 7 March 2022. (3) The decision of the Defendant made on 8 December 2021 pursuant to s 83J of the Education Act 1990 (NSW) to recover all of the financial assistance paid to St Hurmizd Assyrian Primary School between 2015 and 2020 in the amount of $9,301,772 by way of reduction of future amounts of financial assistance over a period of 7 years (the St Hurmizd Decision) is quashed. (4) The decision of the Defendant made on 8 December 2021 purportedly pursuant to s 83J of the Education Act 1990 (NSW) to recover all of the financial assistance paid to St Narsai Assyrian Christian College between 2015 and 2020 in the amount of $10,908,619 by way of reduction of future amounts of financial assistance over a period of 7 years (the St Narsai Decision) is quashed. (5) The Defendant is to redetermine the St Hurmizd Decision and the St Narsai Decision in accordance with the law. (6) The Defendant shall pay the Plaintiff's costs of the proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – orders in the nature of certiorari – failure to engage with clearly articulated argument – consent orders – independent assessment that was appropriate. Legislation Cited: Civil Procedure Act 2005 (NSW), s 64(1) Education Act 1990 (NSW), ss 83C()1), 83D, 83D(1), 83H, 83J, 83K Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 36.4(3) Cases Cited: Annetts v McCann (1990) 170 CLR 596; [1990] HCA 57 Christian Community Ministries Ltd v Minister for Education and Early Childhood Learning [2023] NSWSC 272 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Kiaoa v West (1985) 159 CLR 550 at 584; [1985] HCA 81 Malek Fahd Islamic School Limited v Minister for Education and Early Childhood Learning [2022] NSWSC 1176 Malek Fahd Islamic School Limited v Minister for Education and Early Learning [2023] NSWCA 143 Minister for Aboriginal Affairs and Another v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Category: Principal judgment Parties: Assyrian Christian Schools Ltd (Plaintiff) Minister for Education and Early Learning (Defendant) Representation: Counsel: M Sherman (Plaintiff) S Patterson (Defendant)