Kim v City of Ryde [2021] NSWCATOD 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kim v City of Ryde [2021] NSWCATOD 224 Hearing dates: On the papers Date of orders: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Occupational Division Before: P H Molony, Senior Member Decision: (1) The Tribunal dispenses with a hearing in this matter under s 50(2) of the Civil and Administrative Tribunal Act 2013.

(2) The application is dismissed for want of jurisdiction. Catchwords: Administrative Law – Civil and Administrative Tribunal – administrative review jurisdiction – enabling legislation - no jurisdiction to review a decision of the City of Ryde to refuse to indemnify a councillor of the City for legal fees he wishes to incur with respect to code of conduct complaints against him Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Local Government Act 1993 Cases Cited: Dubow v Mid-Western Regional Council [2019] NSWCATAP 242 Texts Cited: None Category: Procedural rulings Parties: Applicant – Peter Sang-Hui Kim Respondent – City of Ryde Representation: Applicant – Self-represented Respondent – Hall & Wilcox File Number(s): 2021/00235994 Publication restriction: None

reasons for Decision

introduction. 1. Peter Sang-Hui Kim has applied for administrative review of a decision, made by the General Manager of the City of Ryde, to refuse to indemnify Dr Kim, a councillor of the City, for legal fees he wishes to incur with respect to code of conduct complaints against him. That decision was made on the 27 July 2021. Councillor Kim made his application for administrative review on 16 August 2021. 2. At a directions hearing on 28 September 2021 the City of Ryde argued that the Tribunal does not have administrative review jurisdiction to review the decision in question. The parties agreed that the question of the Tribunal's jurisdiction should be determined on the materials provided by the parties, without a hearing, and the Tribunal made directions for the filing of submissions on jurisdiction. 3. The administrative review application has now been referred to me to be decided on the materials before the Tribunal.