Feltham v Commissioner for Fair Trading [2023] NSWCATOD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Feltham v Commissioner for Fair Trading [2023] NSWCATOD 61 Hearing dates: On the papers Date of orders: 12 May 2023 Decision date: 12 May 2023 Jurisdiction: Occupational Division Before: K Mobbs, 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 is dismissed Catchwords: ADMINISTRATIVE REVIEW - jurisdiction - dismissal Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Property and Stock Agents Act 2002 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Benjamin James Feltham (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (Self-Represented) Legal, Corporate Services, Department of Customer Service (Respondent) File Number(s): 2022/00382018 Publication restriction: Nil

REASONS FOR DECISION 1. Benjamin James Feltham (the Applicant) applied to the Tribunal on 19 December 2022 for administrative review (the Application) of certain action taken by the Commissioner for Fair Trading (the Respondent). 2. The matter was set down for hearing on 24 March 2023 and both parties had filed documentary material and written submissions in preparation for the hearing. On the day of the hearing, the Respondent submitted that the Tribunal lacked jurisdiction in relation to the Application. In the orders made by me, I made directions for the filing and serving of written submissions and documents on the question of jurisdiction, and for the written submissions to address the proposed order to dispense with a hearing on this issue and to determine the question of jurisdiction on the papers in the absence of the parties. 3. Written submissions were received from both parties but neither addressed the proposed order to dispense with a hearing on this issue.