New South Wales Court of Appeal CITATION: B & L Linings Pty Ltd & Anor v Chief Commissioner of State Revenue [2008] NSWCA 208 JUDGMENT DATE: 28 August 2008 JUDGMENT OF: Allsop P at 1; Basten JA at 1 (1) Leave be granted to appeal on a question of law from the decision of the Appeal Panel of the Administrative Decisions Tribunal with respect to costs made on 27 March 2008. DECISION: (2) The Notice of Appeal to be relied upon be filed and served within 28 days. (3) The costs of the application for leave to appeal be reserved for decision by the Court hearing the appeal. CATCHWORDS: LEAVE TO APPEAL - against order for costs CATEGORY: Procedural and other rulings CASES CITED: B & L Linings Pty Ltd v Chief Commissioner of State Revenue [2008] NSWCA 187 Mahenthirarasa v SRA (No 2) [2008] NSWCA 201 B & L Linings Pty Limited PARTIES: L & B Linings Pty Limited Chief Commissioner of State Revenue FILE NUMBER(S): CA 40131/2008 SOLICITORS: J Eager Crown Solicitor LOWER COURT JURISDICTION: Administrative Decisions Tribunal (Appeal Panel) LOWER COURT FILE NUMBER(S): ADT 059044 LOWER COURT JUDICIAL OFFICER: Chesterman ADCJ (Deputy President); Hole M - Judicial Member; Bennett C - Non-Judicial Member LOWER COURT DATE OF DECISION: 27 March 2008 LOWER COURT MEDIUM NEUTRAL CITATION: [2008] NSWADTAP 14 IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40131/08 ALLSOP P BASTEN JA 28 August 2008 B & L LININGS PTY LTD & ANOR v CHIEF COMMISSIONER OF STATE REVENUE Judgment 1 ALLSOP P and BASTEN JA: The Court proposes to grant leave to appeal from costs orders made by the Administrative Decisions Tribunal, Appeal Panel made on 27 March 2008. The parties consented to the application being dealt with without a hearing and on the papers. 2 In the light of the grant of leave, it is not appropriate to give any detailed reasons. It is sufficient (and indeed appropriate) to say that some aspects of the reasons complained of (see especially [2008] NSWADTAP 14 at [99], [100], [101] and [103]) may possibly betray an approach in which regard was not paid to the standard of conduct to be expected of the Executive: cf Mahenthirarasa v SRA (No 2) [2008] NSWCA 201. 3 Significant parts of the submissions put forward by the applicant raise questions of the kind dealt with in B & L Linings Pty Ltd v Chief Commissioner of State Revenue [2008] NSWCA 187 as to whether this Court has power to deal with factual questions, even if an error of law has been demonstrated. The draft notice of appeal in its present form is less than satisfactory. It appears to contain matters that amount to submissions rather than grounds of appeal. The notice of appeal should conform to the nature of the appeal: "on a question of law". The notice of appeal should identify any such question or questions of law with precision. The orders that are sought from this Court should also be identified with precision. 4 The orders of the Court are: (1) Leave be granted to appeal on a question of law from the decision of the Appeal Panel of the Administrative Decisions Tribunal on the question of costs made on 27 March 2008. (2) The Notice of Appeal to be relied upon be filed and served within 28 days. (3) The costs of the application for leave to appeal be reserved for decision by the Court hearing the appeal. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.