McGuirk v University of New South Wales & Anor [2010] NSWCA 1

New South Wales Court of Appeal

CITATION: McGuirk v University of New South Wales & Anor [2010] NSWCA 1 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14 December 2009

JUDGMENT DATE: 3 February 2010

JUDGMENT OF: Hodgson JA at 1

(1) Order that the appeal be dismissed as incompetent, unless within twenty-one days Mr McGuirk amends his proceedings pursuant to order (2). DECISION: (2) I give leave to Mr McGuirk to amend his proceedings so as to become an application for leave to appeal, and I order that any amended initiating process be filed and served within twenty-one days. (3) I order that Mr McGuirk pay the University's costs of its notice of motion, including the costs of the hearing on 14 December 2009. (4) No order as to the costs of Mr McGuirk's notice of motion.

CATCHWORDS: PROCEDURE – Appeal to Court of Appeal from order of Appeal Panel of the Administrative Decisions Tribunal dismissing an appeal concerning costs – Whether appeal to Court of Appeal was against "a decision as to costs" – Whether leave to appeal necessary.

LEGISLATION CITED: Administrative Decisions Tribunal Act 1997 s 119 Supreme Court Act 1970 s 101(2)(c)

CATEGORY: Procedural and other rulings

Vice-Chancellor, University of New South Wales v Curtin and McGuirk; Curtin v Vice-Chancellor, University of New South Wales (Interlocutory Applications) [2006] NSWADT 271 McGuirk v Vice-Chancellor, University of New South Wales & Anor (GD) [2007] NSWADTAP 22 McGuirk v University of New South Wales & Anor [2008] NSWADTAP 74 CASES CITED: McGuirk v University of New South Wales & Anor [2008] NSWADT 312 McGuirk v University of New South Wales [2009] NSWADTAP 43 McGuirk v University of New South Wales (No 3) [2009] NSWADTAP 47. Wheeler v Somerfield [1966] 2 QB 94