Recent Cases

Eliezer v The Council of St Andrew’s Cathedral School [2021] NSWCA 144 (03 August 2021) (Payne JA at [1], White JA at [2], Stevenson J at [3])


ADMINISTRATIVE LAW – application for orders in the nature of certiorari quashing decision of District Court dismissing an appeal from the Small Claims Division of the Local Court and the decision of the Local Court for jurisdictional error and error of law on the face of the record – where appeal to District Court lies only on basis of lack of jurisdiction or denial of procedural fairness – where applicants contended District Court judge misapprehended the meaning of “lack of jurisdiction”, failed to make a bona fide assessment of the grounds of appeal and failed to give adequate reasons – where applicants’ challenge to the Local Court decision out of time – where applicants contended that Local Court assessor failed to take into account “jurisdictional facts”, gave judgment notwithstanding notice of an alleged counter claim or set-off and otherwise invalidly exercised jurisdiction