NSW Caselaw
Appeal Panel - Internal
CITATION: McGuirk v University of New South Wales [2007] NSWADTAP 64
APPELLANT PARTIES: Gerard Michael McGuirk RESPONDENT University of New South Wales
FILE NUMBER: 069056
HEARING DATES: 1 May 2007
SUBMISSIONS CLOSED: 14 September 2007
DATE OF DECISION: 7 November 2007
BEFORE: Hennessy N - Magistrate (Deputy President); Fitzgerald K - Judicial Member; Mooney L - Non Judicial Member
CATCHWORDS: Jurisdiction - Freedom of Information - Appeal
MATTER FOR DECISION: Principal matter
FILE NUMBER UNDER APPEAL: 053171
DATE OF DECISION UNDER APPEAL: 09/01/2006
Administrative Appeals Tribunal Act 1975 (Cth) LEGISLATION CITED : Administrative Decisions (Judicial Review) Act 1977 (Cth) Administrative Decisions Tribunal Act 1997 Protected Disclosures Act 1994
Commonwealth Bank Officers Superannuation Corp Pty Ltd v Commissioner of Taxation (2005) 148 FCR 427 CASES CITED: Bennett v University of New England (unreported, NSW Dist Ct, Dunford J, 7 August 1991) Federal Commissioner of Taxation v Elton (1990) 20 ATR 1796 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
In Person REPRESENTATION: P Singleton, counsel
ORDERS: 1. The Tribunal's orders are set aside; 2. The matter is remitted to the Tribunal to review the deemed decision to refuse access to the requested documents.
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