Ryan v Northern Tablelands Local Land Services [2021] NSWCATAD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ryan v Northern Tablelands Local Land Services [2021] NSWCATAD 36 Hearing dates: On the papers Date of orders: 25 February 2021 Decision date: 25 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) The Tribunal dispenses with a hearing in this matter in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The application to dismiss the external appeal on the ground that there is no jurisdiction is dismissed. (3) The respondent's application for summary dismissal of the applicant's external appeal under section 55(1)(b) is dismissed. (4) The applicant's external appeal is to be listed for further case conference at a date and time to be fixed by the Registrar. Catchwords: CIVIL PROCEDURE – Civil and Administrative Tribunal – external appeal jurisdiction under s 68 of the Local Land Services Act 2013 – application to dismiss for want of jurisdiction – matters of fact and law relating to jurisdictional arguments require hearing - application for summary dismissal under s55(1)(b) of the Civil and Administrative Tribunal Act 2013 - proceedings not frivolous or vexatious or otherwise misconceived or lacking in substance. Legislation Cited: Administrative Decisions (Judicial Review) Act 1997 (Cth) Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Local Land Services Act 2013 Local Land Services Regulation 2014 Rural Lands Protection Act 1998 Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Attorney-General v Wentworth (1988) 14 NSWLR 481 Aubrey Robert Mills v Local Land Services [2017] NSWLEC 25 Builders Licensing Board v Sperway Constructions (Syd.) Pty Ltd (1976) 135 CLR 616 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47 Choi v University of Technology Sydney [2019] NSWCATAD 176 Commissioner for Fair Trading v Awadallah [2006] NSWADTAP 31 Commissioner for Fair Trading v Cruz [2009] NSWADTAP 51 Griffith University v Tang [2005] HCA 7 Mills v Local Lands Services [2015] NSWCATAD 207 Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd [2019] NSWCATCD 22 Preston V Commissioner for Fair Trading [2011] NSWCA 40 Yammatree Pty Ltd v North West Local Land Service [2015] NSWCATAD 35 Texts Cited: None Category: Procedural rulings Parties: Dr Justin Ryan (Applicant) Local Land Services (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2020/00256660 Publication restriction: None