McGuirk v University of New South Wales (GD) [2006] NSWADTAP 39

Appeal Panel - Internal

CITATION: McGuirk v University of New South Wales (GD) [2006] NSWADTAP 39

APPELLANT PARTIES: Gerard McGuirk RESPONDENT University of New South Wales

FILE NUMBER: 059085

HEARING DATES: 31/03/2006

SUBMISSIONS CLOSED: 03/31/2006

DATE OF DECISION: 08/22/2006

BEFORE: Hennessy N - Magistrate (Deputy President); Wilson R - Judicial Member; Blake C - Non Judicial Member

CATCHWORDS: costs - relevant considerations - leave to extend to the merits

MATTER FOR DECISION: Principal matter

FILE NUMBER UNDER APPEAL: 053169

DATE OF DECISION UNDER APPEAL: 12/06/2005

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989

Darcey v Pre-Term Foundation Clinic and Anor [1983] 2 NSWLR 497 Hills v Raunio [2004] ACTSC 98 CASES CITED: Latoudis v Casey (1990) 170 CLR 534 Marrickville Commercial College Ltd v Vocational Education and Training Accreditation Board [2001] NSWADT 134; Myers v Elman [1940] AC 282

APPLICANT In person REPRESENTATION: RESPONDENT P Singleton, counsel

ORDERS: 1. Appeal upheld; 2. The Tribunal's decision that Mr McGuirk is to pay the lesser amount of $1000 or the whole of the University's costs in relation to this matter is set aside; 3. Leave given to extend the appeal to the merits of the Tribunal's decision, but only for the purpose of Mr McGuirk pursuing his application for costs against the University in relation to the proceedings before the Tribunal; Note: If Mr McGuirk wishes to pursue his application for costs against the University in the proceedings before the Tribunal, he is directed to notify the Registry and the University of that intention within 14 days of the date of this decision; 4. Application for costs against the University in these proceedings declined