DIRECTOR-GENERAL, DEPARTMENT OF COMMERCE v CIANFRANO & ANOR [2007] NSWSC 849

New South Wales Supreme Court

CITATION : DIRECTOR-GENERAL, DEPARTMENT OF COMMERCE v CIANFRANO & ANOR [2007] NSWSC 849 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : Monday 29 January 2007

JUDGMENT DATE : 8 August 2007

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : No order is made under s.51 of the Supreme Court Act. Liberty to the parties to make submissions in relation to any ancillary orders.

CATCHWORDS : Administrative law – referral of questions of law by the Administrative Decisions Tribunal of New South Wales to the Supreme Court – s.118 of the Administrative Decisions Tribunal Act 1997 (NSW) – no valid referral made – purported order made by a single member of the Tribunal, not by an Appeal Panel, as required – whether questions purportedly referred otherwise would fall within s.48 of the Supreme Court Act 1970 – one such question at least would fall within that section and so assignable under that Act to the Court of Appeal

Freedom of Information Act 1989 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Supreme Court Act 1970

Beesley v Commissioner of Police (NSW) [2000] NSWADT 52 CASES CITED : Daykin v SAS Trustee Corporation & Ors (2001) 51 NSWLR 328 Lloyd v Veterinary Surgeons Investigating Committee [2002] NSWCA 224 Puglisi v Administrative Decisions Tribunal Appeal Panel [2001] NSWCCA 298

PARTIES : DIRECTOR-GENERAL, DEPARTMENT OF COMMERCE v Robert CIANFRANO & ANOR

FILE NUMBER(S) : SC No 30114 of 2006

COUNSEL : P: J K Kirk D: In person