Yammatree Pty Ltd v North West Local Land Service [2015] NSWCATAD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Yammatree Pty Ltd v North West Local Land Service [2015] NSWCATAD 35 Hearing dates: 5 September 2014, 12 November 2014 Decision date: 11 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The appeal is dismissed Catchwords: Local Land Services Act 2013, use of travelling stock reserves, stock permits, refusal to vary permit, refusal to issue permit, cancellation of permit, compensation Legislation Cited: Local Land Services Act 2013 Civil and Administrative Tribunal Act 2013 Cases Cited: Allesch v Maunz (2000) 203 CLR 172 Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616 Category: Principal judgment Parties: Yammatree Pty Ltd (Appellant) North West Local Land Service (Respondent) Representation: Counsel: C O'Neill (Appellant) P Russell (Respondent)

Solicitors: Rural Law (Appellant) Bell & Johnson (Respondent) File Number(s): 1410153

reasons for decision 1. Yammatree Pty Ltd ("Yammatree") has applied to the Tribunal under the Local Land Services Act 2013 ("the Act") for orders that the Respondent compensate it for losses which are said to have arisen from decisions made by officers of the Respondent. 2. The Respondent, the North West Local Land Services ("the NWLLS") is a Local Land Services ("LLS") - a statutory corporation established on 1 January 2014 under section 8 of the Act. Its functions are, inter alia, to administer, deliver and fund local land services and to develop and implement appropriate governance arrangements for the delivery of local land services. 3. Yammatree appeals two decisions of the Respondent: a. a refusal to issue a travelling stock permit for walk/slow travel from 25 February 2014 to 28 February 2014 ("the Refusal"); and b. the cancellation of Permit 6193 for walking a mob of cattle from Tantaranna to Millie and covering the period from 1 March 2014 to 14 March 2014. ("the Cancellation").