Judicial Review

Stanizzo v The Secretary of the Department of Justice of New South Wales [2016] NSWSC 348

ADMINISTRATIVE LAW – JUDICIAL REVIEW – decision of Secretary under Costs in Criminal Proceedings Act 1967 – deferral under s 4(5) thereof to see what claimant “may receive” – no relevant criteria for deferral – decision quashed.

Dr Christos Mantziaris appeared for the Attorney General for the State of New South Wales

Commonwealth of Australia v Rigney & Anor (No.3) [2015] FCCA 3133 and Related Cases

ADMINISTRATIVE LAW – Commonwealth tenancy dispute – termination of long term tenancy agreement under section 94 of the Residential Tenancies Act 2010 (NSW) – respondents in possession of the premises for over 20 years – whether long-term tenancy agreement ought to be terminated – original tenancy agreement expired – respondents notified of termination – predominant use of premises – consideration of personal circumstances of respondents – consideration of the applicant’s interests – termination ordered – appropriate date for vacant possession – order for vacant possession suspended.

CONSTITUTIONAL LAW – Jurisdiction of the Federal Circuit Court of Australia – judicial power – improper restraint on judicial power – acquisition of property other than on just terms – whether there was a “matter” – whether legislative instrument was unlawful.

David Rayment appeared for the Commonwealth of Australia

Related cases:

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Lam [2015] FCCA 3276 (11 December 2015)      

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Butt & Anor [2015] FCCA 3256 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Tucev (No.2) [2015] FCCA 3248 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Shirvington (No.3) [2015] FCCA 3234 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Dattilo & Anor [2015] FCCA 3260 (11 December 2015)  

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Young & Anor [2015] FCCA 3277 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Uren & Ors [2015] FCCA 3280 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Leahy [2015] FCCA 3279 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Lukic [2015] FCCA 3278 (11 December 2015)      

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Minici & Anor [2015] FCCA 3271 (11 December 2015)  

Commonwealth of Australia (as represented by the Department Of Infrastructure and Regional Development) v Morris [2015] FCCA 3267 (11 December 2015)     

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Jelfs & Anor (No.2) [2015] FCCA 3262 (11 December 2015)  

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Findlay [2015] FCCA 3261 (11 December 2015)

Reznitsky v Director of Public Prosecutions [2015] NSWCA 338

JUDICIAL REVIEW – application to set aside judgment in District Court – applicant failed to appear on appeal from Local Court – appeal dismissed – application to set aside order dismissing appeal – applicant failed to attend on second day of hearing and failed to proffer evidence in support of application – review sought of order dismissing application to reinstate appeal – whether jurisdictional error – whether reasonable apprehension of bias – whether procedural unfairness – whether failure to give reasons

Allen & Ors v TriCare (Hastings) Pty Ltd & Anor [2015] NSWSC 416

JUDICIAL REVIEW – decision of NSW Civil and Administrative Tribunal – Residential Parks Act 1985 –application to terminate residential site agreements – necessity for Tribunal to be satisfied that compensation for cost of relocating dwelling to new location has been determined under s 128 – relocation not possible – Tribunal erred in concluding that order for termination could be made where no relocation was to occur – whether Tribunal approach to s 113(3A)(b) correct – s 113(3A)(b) does not require agreement with resident – Tribunal can assess value of dwelling under s 130A in application under s 113A – discretion to refuse relief where internal appeal available – whether explanation for not pursuing appeal adequate – discretion not exercised – relief granted.

Allen & Ors v TriCare (Hastings) Pty Ltd & Anor [2015] NSWSC 416 (17 April 2015)

Commissioner of Police v Joseph [2015] NSWCATAP 9

Counsel | Dr Christos Mantziaris 

FIREARMS LICENSING – Application for firearms dealers licence – refused by Commissioner – Commissioner’s decision set aside by Tribunal on review – Appeal by Commissioner – Whether Tribunal erred in its approach to consideration of the Commissioner’s application to have considered material regarded by the Commissioner as relevant – Held that Tribunal erred - Whether refusal on the ground of fitness and refusal on the ground of public interest involved the determination of jurisdictional facts – Held not – Whether the Tribunal properly construed the scope of the public interest discretion – held Tribunal erred – Leave granted to extend appeal to merits. Administrative Decisions Review Act 1997, s 63; Firearms Act 1996s 11(3)s 11(7)s 7

Commissioner of Police v Joseph [2015] NSWCATAP 9 (10 February 2015)