ABORIGINAL LEGAL SERVICE LTD v PHILLIPS [1995] NSWCA 5

ABORIGINAL LEGAL SERVICE LTD v PHILLIPS

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA 26 June 1995

[1995] NSWCA 5

Mahoney JA. This is an application to transfer a matter which has been commenced in the Court of Appeal to the appropriate Division. It appears to me that it is appropriate that the matter be dealt with by a Division of the Court and not by the Court of Appeal.

A difference between the parties, and the only difference, appears to be whether the appropriate Division is the Common Law Division or the Administrative Law Division. I do not think that it will have any practical effect to which Division it is sent because the judge who will hear the matter will probably be the same judge in any event. It may be that it is more appropriate to be dealt with by the Administrative Law Division. In the circumstances I order the proceeding be transferred to the Administrative Law Division for hearing.

I transfer the notice of motion to that Division. The notice of motion contains, inter alia, an application for expedition and that is an application which, of course, is to be dealt with by that Division.

Unless counsel have submissions to the contrary, I would propose that the costs of the application for transfer be dealt with by the judge who ultimately hears the application. He will be dealing with the expedition application as well as the substance of the matter and it is better in the circumstances that he deal with the matter.

The costs of the application are to be dealt with by the judge of the Administrative Law Division.

Orders accordingly.