University of New South Wales v McGuirk [2008] NSWSC 369

New South Wales Supreme Court

CITATION : University of New South Wales v McGuirk [2008] NSWSC 369

HEARING DATE(S) : 14 April 2008

JUDGMENT DATE : 29 April 2008

JURISDICTION : Common Law Division Administrative Law List

JUDGMENT OF : Hislop J

DECISION : (a) The orders and decision of the Appeal Panel of the Administrative Decisions Tribunal recorded in University of New South Wales v McGuirk (No. 2) [2008] NSWADTAP 8 be stayed pending the determination of these proceedings; (b) The proceedings be removed into the Court of Appeal; (c) This matter be listed for directions before the registrar of the Court of Appeal on a date to be notified by the registrar to the parties; (d) The costs of the plaintiff's notice of motion be costs in the appeal; (e) The defendant's notice of motion is dismissed; (f) Each party is to bear his or its own costs of the defendant's notice of motion.

CATCHWORDS : PRACTICE AND PROCEDURE - removal of proceedings into Court of Appeal from Common Law Division - special circumstances.

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

University of New South Wales v Gerard Michael McGuirk [2006] NSWSC 1362 CASES CITED : Howell v Macquarie University [2008] NSWCA 26 University of New South Wales v McGuirk (No. 2) [2008] NSWADTAP 8

PARTIES : University of New South Wales (Plaintiff) Gerard Michael McGuirk (Defendant)

FILE NUMBER(S) : SC 30031/08

COUNSEL : P. Singleton (Plaintiff) In person (Defendant)

SOLICITORS : Sparke Helmore (Plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST