Wu v Fairfield City Council [2023] NSWCATAD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wu v Fairfield City Council [2023] NSWCATAD 21 Hearing dates: On the papers Date of orders: 27 January 2023 Decision date: 27 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing in this matter. (2) The application is dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013. (3) Any application for costs is to be made within 14 days of the publication of these reasons accompanied by written submissions in support not exceeding 1500 words. (4) Submission in reply are to be made within a further 14 days and are not to exceed 1500 words. Catchwords: Administrative Law – Civil and Administrative Tribunal – administrative review jurisdiction – enabling legislation - no jurisdiction to administratively review a decision with respect to stormwater drainage work under s 68 of the Local Government Act 1993 - no jurisdiction to administratively review a decision made under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Legislation Cited: Administrative Decisions Review Act 1987 Civil and Administrative Tribunal Act 2013 Local Government Act 1993 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Dubow v Mid-Western Regional Council [2019] NSWCATAP 242 Texts Cited: Nil Category: Procedural rulings Parties: Xiao Qing Wu (Applicant) Fairfield City Council (Respondent) Representation: Solicitors: Applicant (self-represented) Houston Dearn O'Connor Lawyers (Respondent) File Number(s): 2022/00305591 Publication restriction: Nil