B & L LININGS PTY LIMITED v CHIEF COMMISSIONER OF STATE REVENUE [2009] NSWCA 55

New South Wales Court of Appeal

CITATION: B & L LININGS PTY LIMITED v CHIEF COMMISSIONER OF STATE REVENUE [2009] NSWCA 55 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 13 March 2009

JUDGMENT DATE: 13 March 2009

JUDGMENT OF: Allsop P; Giles JA; Basten JA

EX TEMPORE JUDGMENT DATE: 13 March 2009

DECISION: The appeal be allowed. That part of the decision of the appeal panel in refusing to award costs except to the extent set out in orders 1, 2 and 3 of the decision of 27 March 2008 be set aside and be remitted to the Appeal Panel for reconsideration and decision according to law. The respondent pay the appellant's costs of the appeal. Such coses to include costs of the application for leave to appeal.

CATCHWORDS: ADMINISTRATIVE LAW - adminsitrative tribunals - Administrative Decisions Tribunal (NSW) - s 88 Administrative Decisions Tribunal Act 1997 (NSW) - costs application - "special circumstances" - appeal allowed - reconsideration by Appeal Panel to occur after change in the relevant legislation.

LEGISLATION CITED: Administrative Decisions Tribunal Act 1997 (NSW)

CATEGORY: Principal judgment

Civic Workers Plus Pty Limited v Hill [2001] VSCA 61; (2001) 1 VR 640 CASES CITED: Galvin v Forest Commission of Victoria [1939] VR 284 Jackman v Dandenong Sewerage Authority (No 2) (1967) 20 LGRA 413

TEXTS CITED: D C Pearce and R S Geddes, Statutory Interpretation in Australia, 6th Edition (2006) Butterworths

B & L LININGS PTY LIMITED (First Appellant) PARTIES: L & B LININGS PTY LIMITED (Second Appellant) CHIEF COMMISSIONER OF STATE REVENUE (Respondent)