Geoffrey Stephen Hudson v Arap 1 (NSW) Pty Ltd ACN 158032618 [2014] NSWSC 1504

Supreme Court New South Wales

Medium Neutral Citation: Geoffrey Stephen Hudson v Arap 1 (NSW) Pty Ltd ACN 158032618 [2014] NSWSC 1504 Hearing dates: 17 October 2014 Decision date: 17 October 2014 Before: Rothman J Decision: (1)Order that until further order of the Court there be a waiver of payment of any Court fee otherwise payable by the plaintiff in connection with these proceedings; (2)Order that there be an extension of time for the commencement of proceedings under s 69 of the Supreme Court Act 1970 by way of judicial review against the judgment of the NSW Civil and Administrative Tribunal Appeal Panel of 1 July 2014 in Arap 1(NSW) Pty Ltd v Geoffrey Stephen Hudson [2014] NSWCATAP 30 in AP 14/0017 to 17 October 2014; (3)Order that leave be granted to file in Court the Summons for judicial review dated 16 October 2014; (4)Order that there be a stay of the operation of Orders 1 and 2 in NSW Civil and Administrative Tribunal matter number RT 13/66464 being orders issued on 21 August 2014 by Member K. Rosser, such stay to operate until further order of the Court or 28 days, whichever occurs first; (5)Otherwise and pursuant to the terms of s 51(1)(b) of the Supreme Court Act 1970 and to the extent necessary pursuant to s 51(5)(a) and/or s 51(6) of the Supreme Court Act 1970 order that the matter be removed into the Court of Appeal; (6)Order that leave be granted to the plaintiff to file and serve an amended summons in the Court of Appeal setting out with particularity those grounds of appeal relied upon in the plaintiff's summons dated 16 October 2014 which are said to contain a question of law. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional question – two appeal Panel decisions of NSW Civil and Administrative Tribunal – one decision was governed by s 48 of the Supreme Court Act - remit matter to Court of Appeal Legislation Cited: Supreme Court Act 1970 Cases Cited: Arap 1 (NSW) Pty Limited v Geoffrey Stephen Hudson [2014] NSWCATAP 30 Hudson v Arap 1 (NSW) Pty Limited [2014] NSWCATAP 61 Category: Interlocutory applications Parties: Geoffrey Hudson (Plaintiff/Applicant) Arap1 (NSW) Pty Ltd NSW (Defendant/Respondent) Representation: Counsel: H. Breeze (Plaintiff/Applicant) No appearance (Defendant/Respondent) Solicitors: File Number(s): 2014/305631 Publication restriction: None