Broome v Great Lakes Council [2014] NSWCATAD 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Broome v Great Lakes Council [2014] NSWCATAD 154 Hearing dates: 28 November 2013 Decision date: 25 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: 1. Pursuant to paragraph 55(3)(b) of the Administrative Decisions Tribunal Act 1997, order that it is necessary to deal with the applicant's application in the absence of the applicant having applied for an internal review of the decisions the subject of review. 2. The decision of the respondent to impound the applicant's cattle is set aside. 3. The decision of the respondent to impose fees and charges is set aside. 4.The respondent to repay the applicant the amount of $1,500.00. Catchwords: ADMINISTRATIVE LAW - merit review of decision of agency - impounding of cattle - whether impounding officer believed on reasonable grounds that the cattle were unattended Legislation Cited: Administrative Decisions Tribunal Act 1997 Administrative Decisions Tribunal regulation 2009 Civil and Administrative Tribunal Act 2013 Impounding Act 1993 Local Government Act 1993 Local Land Services Act 2013 Rural Lands Protection Act 1998 (repealed) Rural Lands Protection Regulation 2010 (repealed) Cases Cited: George v Rocket and Another (1990) 93 ALR 483; (1990) 170 CLR 104 McKinnon v Secretary, Department of Treasury [2006] HCA 45; (2006) 228 CLR 423 Woolworths Ltd v Waverly Council [1999] NSWSC 308 Category: Principal judgment Parties: Gary Fraser Broome (Applicant) Great Lakes Council (Respondent) Representation: Slater & Gordon Lawyers (Applicant) T Pickup (Respondent ) File Number(s): 133284