Cornish v Deputy Secretary, Department of Local Government Planning and Policy [2022] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cornish v Deputy Secretary, Department of Local Government Planning and Policy [2022] NSWCATAP 6 Hearing dates: 27 September 2021 Date of orders: 12 January 2022 Decision date: 12 January 2022 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President at [1] G Furness SC, Senior Member at [76] Decision: (1) Appeal upheld. (2) Time is extended for lodgment of the Appellant's application for costs in the proceedings below. (3) The Respondent is to pay the costs of the Appellant in the Tribunal proceedings 2017/00212948 as agreed or as assessed. (4) If a party seeks costs of this appeal, they must file and serve submissions with respect to costs within 14 days. (5) If a party receives from the other party a submission as to costs of the appeal, they must file their submissions in response within a further period of 14 days. (6) The submissions of the parties should address the question of whether costs of the appeal may be determined by the Appeal Panel "on the papers" by the Appeal Panel dispensing with a further hearing. Catchwords: APPEALS – whether special circumstances exist warranting an order for costs, proceedings and claim lacked a jurisdictional basis. Legislation Cited: Civil & Administrative Tribunal Act 2013 (NSW) Civil & Administrative Tribunal Rules 2014 (NSW) Local Government Act 1993 (NSW) Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Chief Executive, Office of Local Government v Cornish [2018] NSWCATOD 110 Clarke v Tapp [2015] NSWCATAP 81 Cornish v Secretary, Department of Planning, Industry and Environment [2019 ] NSWSC 1134 Council of the Law Society of New South Wales v DRE [2019] NSWCATOD 147 Council of the Law Society of New South Wales v EBX [2019] NSWCATOD 155 Council of the Law Society of New South Wales v Judah [2019] NSWCATOD 135 Deputy Secretary, Local Government Planning and Policy v Cornish [2021] NSWCATOD 35 EJE v Western Sydney Local Health District [2021] NSWCATAP 247 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v King (1936) 55 CLR 500; [1936] HCA 40 Jackson v NSW Land & Housing Corporation [2014] NSWCATAP 22 Kelly v Szatow [2020] NSWSC 407 Latoudis v Casey (1990) 170 CLR 534 The Owners Corporation of Strata Plan 4521 v Zouk & Anor [2007] NSWCA 23 Wilson v Chan and Naylor Parramatta Pty Ltd (2020) 103 NSWLR 140; [2020] NSWCA 213 Category: Principal judgment Parties: Marcus Cornish (Appellant) Deputy Secretary, Department of Local Government Planning and Policy (Respondent) Representation: Counsel: PE King (Appellant) M Cobb-Clark (Respondent)