NSW Caselaw
New South Wales Court of Appeal
CITATION: McGuirk v NSW Ombudsman [2008] NSWCA 357
HEARING DATE(S): 3 November 2008
JUDGMENT DATE: 19 December 2008
JUDGMENT OF: Giles JA; Hodgson JA
DECISION: The application for leave to appeal refused with costs.
CATCHWORDS: ADMINISTRATIVE LAW – The Ombudsman – Discontinuance of investigation – Application for order that investigation be completed – Whether applicant has standing.
LEGISLATION CITED: Ombudsman Act 1974 s 12, ss 13, 16, 17, 19, 24, 26, 29, 34, 35A and 35B Supreme Court Act 1970 s 65
CATEGORY: Principal judgment
Alinta LGA Limited v Mine Subsidence Board [2008] HCA 17; (2008) 82 ALJR 826 Australian Conservation Foundation v The Commonwealth (1980) 146 CLR 493 CASES CITED: Bilbao v Farquhar [1974] 1 NSWLR 377 Executive Council for Australian Jewry v Scully (1998) 79 FCR 537 Onus v Alcoa of Australia Ltd (1981) 149 CLR 27
PARTIES: Gerard Michael McGUIRK (Applicant) NSW OMBUDSMAN (Opponent)
FILE NUMBER(S): CA 40848/07
COUNSEL: G M McGUIRK in person (Applicant) Ms K A STERN (Opponent)
SOLICITORS: ------ (Applicant) NSW Ombudsman (Opponent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 30002/07
LOWER COURT JUDICIAL OFFICER: Rothman J
LOWER COURT DATE OF DECISION: 13 November 2007
LOWER COURT MEDIUM NEUTRAL CITATION: McGuirk v NSW Ombudsman [2007] NSWSC 1286
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40848/07 SC 30002/07
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