NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Hearing dates: 12 April 2018 Date of orders: 06 November 2018 Decision date: 06 November 2018 Before: Bathurst CJ at [1]; Beazley P at [197]; McColl JA at [198]; Basten JA at [206]; Leeming JA at [279] Decision: (1) In proceeding 2018/66655:
(a) Grant the Attorney General for New South Wales leave to appeal.
(b) Direct the Attorney General for New South Wales to file a notice of appeal in the terms of the draft notice of appeal contained in the white folder.
(c) Set aside the orders made by the Appeal Panel on 14 February 2018 and in lieu thereof answer the questions before the Appeal Panel as follows:
Did the Tribunal at first instance have authority to hear and determine the application under the Residential Tenancies Act 2010 (NSW) in proceedings RT 15/56639:
(a) because in doing so it was exercising administrative and not judicial power?
Answer: No.
(b) if the answer to question (a) is 'no', because the Tribunal is a court of a State for the purposes of Chapter III of the Constitution and s 39 of the Judiciary Act 1903 (Cth)?
Answer: No.
(d) Declare that the Civil and Administrative Tribunal of New South Wales is not a "court of a State" for the purpose of Chapter III of the Constitution and s 39 of the Judiciary Act 1903 (Cth).
(e) Declare that the Civil and Administrative Tribunal of New South Wales had no jurisdiction to determine the Gatsby v Gatsby proceeding (RT 15/56639).
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