Cornish v Penrith City Council [2024] NSWCATAP 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cornish v Penrith City Council [2024] NSWCATAP 107 Hearing dates: 12 April 2024 Date of orders: 13 June 2024 Decision date: 13 June 2024 Jurisdiction: Appeal Panel Before: T Simon, Principal Member Dr R Dubler SC, Senior Member Decision: (1) The appeal is dismissed. (2) Leave to appeal is refused. (3) The respondent is to provide to the appellant and the Tribunal, any submissions and documents he intends to rely on in relation to the costs application on or before 4pm on 21 June 2024. (4) The appellant is to provide to the respondent and the Tribunal, any submissions and documents they intend to rely on in response to the costs application by 4pm 28 June 2024. (5) Pursuant to s 50 of the Civil and Administrative Tribunal Act, parties are to include in their written submissions whether a hearing in relation to the costs application can be dispensed with. Catchwords: LOCAL GOVERNMENT – Councillors – jurisdiction – administrative review – costs Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Act 2013 (NSW) Local Government Act 1993 (NSW) Cases Cited: AQO v Minister for Finance and Services [2016] NSWCA 248; (2016) 93 NSWLR 46 Chief Executive, Office of Local Government v Cornish [2018] NSWCATOD 110 Commissioner of Police, NSW Police Force v Holmes [2021] NSWCATAP 202 Cornish v Deputy Secretary, Department of Local Government Planning and Policy [2022] NSWCATAP Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 Coulton v Holcombe [1986] HCA 33 Deputy Secretary, Local Government Planning and Policy v Cornish [2021] NSWCATOD 35 in University of Wollongong v. Metwally (No. 2) [1985] HCA 28; (1985) 59 ALJR 481 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Kim v City of Ryde [2021] NSWCATOD 224 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Texts Cited: Nil Category: Principal judgment Parties: Marcus Cornish (Appellant) Penrith City Council (Respondent) Representation: Counsel: P King (Appellant) P Boncardo (Respondent)