People with Disabilities Australia Incorporated v Minister for Disability Services [2014] NSWSC 1669

Supreme Court New South Wales

Medium Neutral Citation: People with Disabilities Australia Incorporated v Minister for Disability Services [2014] NSWSC 1669 Hearing dates: 23/08/2013 Decision date: 28 November 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)Under Rule 13.4 Uniform Civil Procedure Rules 2005 the proceedings are summarily dismissed; (2)The plaintiff is to pay the defendant's costs of and incidental to the proceedings on the usual basis forthwith after they have been agreed or assessed. Catchwords: PROCEDURE - application for summary dismissal of application for judicial review - ADMINISTRATIVE LAW - judicial review - mandamus - where mandamus sought against minister for disability services to perform his duty under the Disability Services Act 1993 according to law - whether funding of certain style of housing for people suffering with disability not done in conformity with the objects of the act - whether "decision" amenable to judicial review - whether justiciable issue - whether attempt to engage court in merits review of ministerial policy decisions Legislation Cited: Disability Services Act 1993 (NSW) Federal Court of Australia Act 1976 (Cth) Uniform Civil Procedure Rules 2005 Community Services (Complaints Reviews and Monitoring) Act 1993 Cases Cited: Agar v Hyde (2000) 201 CLR 552 Attorney General (NSW) v Quin (1990) 170 CLR 1 Corporation of the City of Einfeld v Development Assessment Commission: [2000] HCA 5; 199 CLR 135 Dey v Victorian Railway Commissioners (1949) 78 CLR 62 Ex parte Cornford; re Minister for Education [1962] SR (NSW) 220 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Chevron USA Inc v Natural Resources Defense Council (1984) 467 US 837 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Mummery v Irvings Pty Ltd (1956) 96 CLR 99 Patsalis v New South Wales (2012) 81 NSWLR 742 People with Disability Australia Incorporated v Minister for Disability Services [2011] NSWCA 253 People with Disability Australia Incorporated v Minister for Disability Services [2013] NSWSC 467 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 R v Commissioner of Police of the Metropolis ex parte Blackburn [1968] 2 QB 118 R v Hickman; ex parte Fox & Clinton (1945) 70 CLR 598 R v The War Pensions Entitlement Appeal Tribunal; ex parte Bott (1933) 50 CLR 228 Sims v Wran [1984] 1 NSWLR 317 Spencer v The Commonwealth [2010] HCA 28; 241 CLR 118 Three Rivers District Council v Bank of England (No. 3) [2003] 2 AC 1 Zheng v Cai [2009] HCA 52; 239 CLR 446 Category: Interlocutory applications Parties: People With Disability Australia Incorporated (Plaintiff) The Honourable Andrew Constance, Minister for Disability Services (Defendant) Representation: Counsel: B Walker SC with R Francois (Plaintiff) J K Kirk SC with R Graycar (Defendant) Solicitors: Gilbert & Tobin (Plaintiff) Crown Solicitors Office (Defendant) File Number(s): 2012/00381137