Cavaleri v Director General, Department of Trade and Investment, Regional Infrastructure and Services [2014] NSWCATAP 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cavaleri v Director General, Department of Trade and Investment, Regional Infrastructure and Services [2014] NSWCATAP 13 Hearing dates: 30 January 2014 Decision date: 29 April 2014 Jurisdiction: Appeal Panel Before: Judge K P O'Connor, Deputy President G Walker, Senior Member Z Antonios, General Member Decision: 1. Appeal allowed. 2. Review application remitted to the Tribunal to be heard and determined in accordance with these reasons. Catchwords: ADMINISTRATIVE LAW - Application to keep non-indigenous animals privately - refused by administrator - change in law after lodgment of application for review - new law curtailed right to hold the relevant class of animal privately and varied the discretionary criteria applicable to applications - whether the review applicant has an accrued right to have case decided by reference to the previous law - Tribunal held not - Appeal allowed in part - the review applicant has an accrued right to have his case heard, and to that extent the new law does not apply - new discretionary criteria are applicable - matter remitted to the Tribunal Legislation Cited: Acts Interpretation Act 1901 (Cth) Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Indigenous Animals Regulation 2006 Interpretation Act 1987 Non-Indigenous Animals Act 1987 Non-Indigenous Animals Regulation 2006 Non-Indigenous Animals Regulation 2012 Cases Cited: Attorney-General (Qld) v Australian Industrial Relations Commission [2002] HCA 42; (2002) 213 CLR 485 Esber v Commonwealth [1992] HCA 20; (1992) 174 CLR 430 Ferrum Metal Exports Pty. Ltd. v. Lang [1960] HCA 7; (1960) 105 CLR 647 Gibson v Mitchell (1928) 41 CLR 275 Lee v The Secretary, Department of Social Security (1996) 68 FCR 491 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Repatriation Commission v Keeley (2000) 98 FCR 108 Repatriation Commission v Keeley [2000] FCA 332 Shanahan v Scott (1957) 96 CLR 245 Sisters Wind Farm Pty Ltd v Moyne Shire Council & Ors [2012] VSC 324 Category: Principal judgment Parties: John Cavaleri (Appellant) Director General, Department of Trade and Investment, Regional Infrastructure and Services (Respondent) Representation: Counsel J Hatzistergos (Appellant) F Farmakidis, Vobis Equity Attorneys (Appellant) M Dalla-Pozza, Crown Solicitor's Office (Respondent) File Number(s): 139036 Decision under appeal Citation: Cavaleri v Department of Trade and Investment, Regional Infrastructure and Services [2013] NSWADT 191 Date of Decision: 2013-08-23 00:00:00 Before: General Division File Number(s): 123063