Schoeman v Department of Attorney General and Justice [2013] NSWCA 88

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Schoeman v Department of Attorney General and Justice [2013] NSWCA 88 Hearing dates: 28 March 2013 Decision date: 28 March 2013 Before: Meagher JA at [1]-[16], [18], [20]; Emmett JA at [17], [19] Decision: 1. Application for leave to appeal refused. 2. Applicant to pay the respondent's costs of the application. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application for leave to appeal from decision of Appeal Panel of Administrative Decisions Tribunal re-exercising discretion as to costs under s 88(1A) of Administrative Decisions Tribunal Act 1997 - no identifiable error of law in Appeal Panel's decision - leave refused Legislation Cited: Administrative Decisions Tribunal Act 1997 Government Information (Public Access) Act 2009 Cases Cited: Department of Attorney General and Justice v Schoeman [2012] NSWADTAP 31 Category: Interlocutory applications Parties: Fiona Schoeman (Applicant) Department of Attorney General and Justice (Respondent) Representation: Counsel: In person (Applicant) Mr M Dalla-Pozza (Respondent) Solicitors: Unrepresented (Applicant) I V Knight, Crown Solicitor (Respondent) File Number(s): 2012/266687 Decision under appeal Citation: Department of Attorney General and Justice v Schoeman [2012] NSWADTAP 31 Date of Decision: 2012-08-03 00:00:00 Before: Deputy President Hennessy File Number(s): 129002