McGuirk University of New South Wales (GD) [2006] NSWADTAP 40

Appeal Panel - Internal

CITATION: McGuirk University of New South Wales (GD) [2006] NSWADTAP 40

APPELLANT PARTIES: Michael McGuirk RESPONDENT University of New South Wales

FILE NUMBER: 069039

HEARING DATES: 11/08/2006

SUBMISSIONS CLOSED: 08/11/2006

DATE OF DECISION: 08/22/2006

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: leave to appeal interlocutory decision

MATTER FOR DECISION: Principal matter

FILE NUMBER UNDER APPEAL: 053164

DATE OF DECISION UNDER APPEAL: 05/09/2006

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Independent Commission Against Corruption Act 1988 Supreme Court Act 1970

Adam P Brown Male Fashions Pty Limited v Philip Morris Inc (1981) 148 CLR 170 Brilliant Digital Entertainment Pty Ltd v Universal Music Australia Pty Ltd [2004] FAFC 270 CASES CITED: Coulter v R (1988) 164 CLR 350 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; Johnson Tiles Pty Ltd v Esso Australia Co-op Co Ltd [1990] VR 355

APPELLANT In person REPRESENTATION: RESPONDENT P Singleton, counsel

ORDERS: 1. Application for leave to appeal refused; 2. Appeal dismissed; 3. Application for costs against the University or Mr Singleton personally, declined; Directions: If the University wishes to make an application for costs, it should do so within 14 days of the date of this decision. Mr McGuirk should file any submissions in response within a further 14 days. The application will then be decided "on the papers" pursuant to s 76 of the Administrative Decisions Tribunal Act 1997