Hutchinson v Roads & Traffic Authority [2006] NSWADT 22

CITATION: Hutchinson v Roads & Traffic Authority [2006] NSWADT 22

DIVISION: General Division

APPLICANT PARTIES: Rowan Hutchinson RESPONDENT Roads & Taffic Authority

FILE NUMBER: 053110

HEARING DATES: 20/10/05

SUBMISSIONS CLOSED: 10/20/2005

DATE OF DECISION: 01/27/2006

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Jurisdiction

MATTER FOR DECISION: Preliminary matter

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989

CASES CITED: Project Blue Sky v ABA [1998] 194 CLR 355

APPLICANT B Zipser, barrister REPRESENTATION: RESPONDENT M Allars, barrister

ORDERS: 1. The Tribunal does not have jurisdiction to make a decision based on the applicant's amended request for documents; 2. The Tribunal makes the following directions:; (a) Within 21 days of the date of this decision, the RTA is to provide written submissions on the following questions:; (i) does the Tribunal have power to remit the reviewable decision under s 65 of the ADT Act in the circumstances of this case?; (ii) if so, should the Tribunal exercise its discretion under s 65 to remit the decision? ; b) Within a further 21 days, Mr Hutchinson is to provide written submissions in reply on the same questions; c) The Tribunal will determine these questions "on the papers" in accordance with s 76 of the ADT Act.3 ; If either party wishes to apply for costs, an application together with written submissions in support of the application is to be filed and served within 21 days of the date of this decision. If either party wishes to respond to an application for costs, written submissions are to be filed and served within a further 21 days; The Tribunal will then determine any application for costs "on the papers" in accordance with s 76 of the ADT Act.