Duffy v Da Rin [2014] NSWCA 270

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Duffy v Da Rin [2014] NSWCA 270 Hearing dates: 1 July 2014 Decision date: 15 August 2014 Before: Basten JA at [1]; Meagher JA at [69]; Ward JA at [70] Decision: (1) Set aside order 1 made by the Administrative Decisions Tribunal on 9 December 2013, ordering that Mr Duffy be dismissed from the civic office of Councillor, Orange City Council. (2) Set aside the order of the Civil and Administrative Tribunal (NCAT) made on 10 June 2014, ordering that Mr Duffy pay Mr Da Rin's costs from 12 March 2013 as agreed or assessed. (3) Remit the matter to NCAT with a direction that the application be dismissed and to consider any application for consequential orders. (4) Order the respondent to pay the appellant's costs in this Court. (5) Direct that, if filing fees have been paid with respect to the summons seeking to review the decision of NCAT made on 10 June 2014 with respect to the costs of the proceedings in the Tribunal, the fees be remitted to the appellant. (6) In the event of an application by the respondent, grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW) with respect to the costs in this Court. [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: ADMINISTRATIVE LAW - relevant and irrelevant considerations - need to consider purpose for which said to be relevant - statement of principle in Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 discussed