NSW Caselaw
New South Wales Supreme Court
CITATION : McGuirk v University of New South Wales [2007] NSWSC 806
HEARING DATE(S) : 18 July 2006
JUDGMENT DATE : 25 July 2007
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The appeal is upheld; (2) The decision of the Appeal Panel dated 22 August 2006 is set aside; (3) The matter is remitted to the Appeal Panel for determination according to law; (4) The defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : Appeal - Appeal Panel - Administrative Decisions Tribunal - waiver of legal professional privilege
Administrative Decisions Tribunal Act 1997 (NSW) - s 63 LEGISLATION CITED : Freedom of Information Act 1989 - ss 6, 16,24, 25 University of New South Wales Act 1989 (NSW) - ss 5, 8, 9, 15, 16 University of New South Wales By-law 2005 (NSW) - Cll 4, 5
Mann v Carnell (1999) 201 CLR 1 CASES CITED : Mangoplah v Pastoral Co Pty Ltd v Great Southern Energy [1999] NSWADT 93 Neary v the Treasurer NSW [2002] NSWADT 261 University of New South Wales v Gerard Michael McGuirk [2006] NSWSC 1362
PARTIES : Gerard Michael McGuirk - Plaintiff University of New South Wales - Defendant
FILE NUMBER(S) : SC 30132/2006
COUNSEL : Mr P Bolster - Plaintiff Mr P Singleton - Defendant
SOLICITORS : VEREKERS Lawyers - Plaintiff Sparke Helmore - Defendant
LOWER COURT JURISDICTION : Administrative Decisions Tribunal
LOWER COURT FILE NUMBER(S) : 069002
LOWER COURT JUDICIAL OFFICER : Appeal Panel
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