NSW Caselaw
Appeal Panel - Internal
CITATION: Chief Commissioner of State Revenue v Kelly and Seve (No 2) (RD) [2010] NSWADTAP 80
APPELLANT Chief Commissioner of State Revenue PARTIES: RESPONDENT Francis Kelly and Joanne Seve
FILE NUMBER: 109019
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 3 August 2010
DATE OF DECISION: 6 December 2010
BEFORE: Callaghan P, SC, Deputy President; Frost S - Judicial Member; Koutoulas D - Non-Judicial Member
CATCHWORDS: Interlocutory applications – leave to extend appeal to review merits
DECISION UNDER APPEAL: Kelly v Chief Commissioner of State Revenue (No.2) [2010] NSWADT 52
FILE NUMBER UNDER APPEAL: Kelly v Chief Commissioner of State Revenue (No.2) [2010] NSWADT 52
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997
Avilion Group Pty Ltd v Commissioner of Police (2009) 74 NSWLR 514 House v The King (1936) 55 CLR 449 CASES CITED: Lloyd v Veterinary Surgeons Investigation Committee (2005) 65 NSWLR 245 Nicholls v Director General, Department of Education (No.2) [2009] NSWADTAP 20 O'Sullivan v Medical Council of NSW [2010] NSWADTAP 64 Port Stephens Council v Sansom (2007) 156 LGREA 125Warren v Coombes (1979) 142 CLR 531
APPELLANT I S Young, counsel REPRESENTATION: RESPONDENT J. Seve, solicitor
ORDERS: 1 Adjourn the application for leave to extend the Appeal to a review of the merits of the subject decision to be dealt with at the hearing of the Appeal 2 Reserve the issue costs.
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