Gaynor v Burns [2016] NSWCA 44

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gaynor v Burns [2016] NSWCA 44 Hearing dates: 24 February 2016 Date of orders: 16 March 2016 Decision date: 16 March 2016 Before: McColl JA, Emmett AJA Decision: (1) Grant leave to appeal.

(2) Applicant to file the draft notice of appeal appearing in the White Book, but excising paragraphs 8-10, within 7 days of the date of this judgment.

(3) Dispense with the requirement to prepare the appeal books referred to in UCPR 51.27 - 51.30.

(4) Refer the appeal to the Registrar of the Court of Appeal to make directions concerning the filing of written submissions addressing the construction point and to determine what, if any, additional materials need to be included in the White Book.

(5) Costs of the leave application to be costs in the appeal. Catchwords: ADMINISTRATIVE LAW – Statutory appeals from administrative bodies – Civil and Administrative Tribunal – Appeal Panel – Appeals from – Where Appeal Panel included Acting District Court judge – Appeal to Court of Appeal – Civil and Administrative Tribunal Act 2013 (NSW), s 83 – Supreme Court Act 1970 (NSW) s 48 – District Court Act 1973 (NSW), s 18

PROCEDURE – application for leave to appeal – costs – Civil and Administrative Tribunal Act 2013 (NSW), s 60 Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) District Court Act 1973 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Legal Profession Uniform Conduct (Barristers) Rules 2015 Cases Cited: B & L Linings Pty Ltd v Chief Commissioner of State Revenue [2008] NSWCA 187; (2008) 74 NSWLR 481 Daykin v SAS Trustee Corporation [2001] NSWSC 58; (2001) 51 NSWLR 328 House v R [1936] HCA 40; (1936) 55 CLR 499 Macquarie Bank Ltd v Fociri Pty Ltd (1992) 27 NSWLR 203 Puglisi v Administrative Decisions Tribunal of New South Wales Appeal Panel [2001] NSWCA 298; (2001) 52 NSWLR 350 Quach v New South Wales Health Care Complaints Commission [2016] NSWCA 10 Category: Principal judgment Parties: Bernard Gaynor (Applicant) Garry Burns (Respondent) Representation: Counsel: P King (Applicant) K Nomchong SC and D Chitty (Respondent)