NSW Breeding & Racing Stables Pty Ltd v V & X [2005] NSWCA 114

New South Wales Court of Appeal

CITATION: NSW Breeding & Racing Stables Pty Ltd v V & X [2005] NSWCA 114

HEARING DATE(S): 1 April 2005

JUDGMENT DATE: 14 April 2005

JUDGMENT OF: Spigelman CJ at 1; Handley JA at 53; Hodgson JA at 54

DECISION: 1 Appeal dismissed; 2 Appellant to pay the costs of the Respondents

CATCHWORDS: ADMINISTRATIVE LAW - Judicial Review - Where Appeal Panel made factual error in determining whether to grant leave to appeal - Where Panel also considered merits of appeal - Whether any purpose to be served by remitting matter to Panel - WORDS & PHRASES: "authorised", "as an employee"

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED: Anti-Discrimination Act 1977: s53 Legal Aid Commission Act 1979

Deatons Pty Ltd v Flew (1949) 79 CLR 370 NSW Breeding & Racing Stables Pty Ltd v Administrative Decisions Tribunal of NSW [2001] NSWSC 494; 53 NSWLR 559 CASES CITED: Shellharbour Golf Club Limited v Wheeler (1999) 46 NSWLR 253 University of New South Wales v Moorehouse (1975) 133 CLR 1

NSW Breeding & Racing Stables Pty Ltd (Appellant) V (First Respondent) PARTIES: X (Second Respondent)

FILE NUMBER(S): CA 2003/40954

K Roser (Appellant) COUNSEL: A Healey (Respondent)

Barwick Stevens (Appellant) SOLICITORS: MBT Lawyers (Respondent)

LOWER COURT JURISDICTION: NSW Administrative Decisions Tribunal Appeal Panel

LOWER COURT FILE NUMBER(S): 1998/19; 991030

LOWER COURT JUDICIAL OFFICER: Deputy President Latham DCJ, Judicial Member Bitel, Member Greenhill

- 16 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40954/03