NSW Caselaw
Appeal Panel - Internal
CITATION: McGuirk v Attorney General of NSW [2008] NSWADTAP 81
APPELLANT Gerard Michael McGuirk PARTIES: RESPONDENT Attorney General of NSW
FILE NUMBER: 079071
HEARING DATES: 24 October 2008
SUBMISSIONS CLOSED: 24 October 2008
DATE OF DECISION: 15 December 2008
BEFORE: Hennessy N - Magistrate (Deputy President); Fitzgerald K - Judicial Member; Antonios Z - Non-Judicial Member
CATCHWORDS: Jurisdiction to review decision that Minister does not hold a document
DECISION UNDER APPEAL: McGuirk v Attorney General of New South Wales [2007] NSWADT 280
FILE NUMBER UNDER APPEAL: 079071
DATE OF DECISION UNDER APPEAL: 11/30/2007
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989
Administrative Decisions Tribunal Appeal Panel v Director General, Department of Commerce & Ors [2008] NSWCA 140 CASES CITED: Metwally (No 2) v University of Wollongong (1985) 60 ALR 68 Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186
APPELLANT In person REPRESENTATION: RESPONDENT A Johnson, solicitor
ORDERS: 1.The Tribunal's decision is set aside 2. In substitution for that decision a decision is made that the Tribunal has no jurisdiction to entertain the application.
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