Chiswell v Commissioner for Fair Trading, Department of Finance, Services & Innovation [2016] NSWCATOD 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chiswell v Commissioner for Fair Trading, Department of Finance, Services & Innovation [2016] NSWCATOD 154 Hearing dates: 6 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Occupational Division Before: Hennessy LCM, Deputy President Decision: 1. The application by the Commissioner for Fair Trading for Mr Chiswell's application for review to be dismissed for want of jurisdiction is refused. 2. The Tribunal makes the following directions: a) by 6 January 2017, the Commissioner for Fair Trading is to give to the Tribunal and Mr Chiswell documents under s 58 of the Administrative Decisions Review Act 1997; b) by 3 February 2017, Mr Chiswell is to give to the Tribunal and the Commissioner the evidence and submissions on which he relies; c) by 17 February 2016, the Commissioner is to give to the Tribunal and Mr Chiswell any evidence and submissions in reply; d) matter listed for hearing for 1 day on 3 March 2017 commencing at 10 am. Note: Any application to amend the directions must be made by 19 December 2016 so that the issue can be dealt with in the directions list on 20 December 2016 at 11:30am. Catchwords: MERITS REVIEW – jurisdiction – where administrator gave applicant a Parker warning when he applied for internal review of a disciplinary decision – where the applicant decided not to proceed with the application – where the administrator mistakenly proceeded with the internal review application and affirmed the original decision – whether Tribunal has jurisdiction to review the mistakenly made internal review decision – if not, whether the Tribunal has jurisdiction to review the original decision Legislation Cited: Administrative Decisions Review Act 1997(NSW), s 55, 63 Motor Dealers and Repairers Act 2013 (NSW) Cases Cited: Parker v DPP (NSW) (1992) 28 NSWLR 282. Lindsay v Health Care Complaints Commission [2004] NSWCA 222 Category: Procedural and other rulings Parties: Alexander Chiswell (Applicant) Commissioner for Fair Trading, Department of Finance, Services & Innovation (Respondent) Representation: Counsel: D McMahon (Applicant)