Director-General, Department of Ageing, Disability and Home Care v Kuskis [2008] NSWCA 47

New South Wales Court of Appeal

CITATION: Director-General, Department of Ageing, Disability and Home Care v Kuskis [2008] NSWCA 47

HEARING DATE(S): 17 March 2008

JUDGMENT DATE: 17 March 2008

JUDGMENT OF: Hodgson JA

EX TEMPORE JUDGMENT DATE: 17 March 2008

DECISION: 1. The decision of the Government and Related Employees' Appeal Tribunal made on 19 February 2008, which is the subject of this appeal, be stayed until the final determination of this appeal and the associated summons. 2. Costs of this application to be costs in the appeal.

CATCHWORDS: PROCEDURE – Stay pending appeal – Whether appeal from decision of GREAT can challenge earlier decision that it had jurisdiction – Discretionary considerations.

LEGISLATION CITED: Government and Related Employees' Tribunal Act, s 54

CATEGORY: Procedural and other rulings

CASES CITED: Gerlach v Clifton Bricks Pty Limited (2002) 209 CLR 478 Metropolitan Water Sewerage and Drainage Board v Histon [1982] 2 NSWLR 720

DIRECTOR-GENERAL, DEPARTMENT OF AGEING, DISABILITY AND HOME CARE (Appellant) PARTIES: Martin Raymond KUSKIS (First Respondent) Rodney LAMBERT (Second Respondent)

FILE NUMBER(S): CA 40037/08

P NEWALL/ C KAHAGALLE (Appellant) COUNSEL: N KEATS (First Respondent) Submitting Appearance (Second Respondent)

SOLICITORS: Matthew Keeley, Corporate Counsel (Appellant) W G MCNally Jones Staff (First Respondent)

LOWER COURT JURISDICTION: Government and Related Employees' Appeal Tribunal

LOWER COURT FILE NUMBER(S): PSP/373 of 2007