NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Scott-Brydges v Lismore City Council [2018] NSWCATAD 215 Hearing dates: 27 November 2017, 20 – 21 February 2018, 11 April 2018, 15 – 17 August 2018. Date of orders: 14 September 2018 Decision date: 14 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof. GD Walker, Senior Member Decision: The decision under review is affirmed. Catchwords: HEALTH – food safety – improvement notice – prohibition order – compensation claim – whether no grounds for making the order – layers of protection analysis.
WORDS AND PHRASES – "ensure" – "reasonable grounds" –"no grounds for making the order". Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Food Act 2003 Cases Cited: Carrington Slipways Pty Ltd and Inspector RJ Callaghan, Industrial Commission, No. 1518 of 1984; Essential Energy and WorkCover Authority of New South Wales [2012] NSWIRComm 83; George v Rockett (1990) 170 CLR 104; Re Heavylift Cargo Airlines Ltd and Civil Aviation Safety Authority [2007] AATA 1005. Texts Cited: D Pearce, R Geddes, Statutory Interpretation in Australia, 8th edn.,LexisNexisButterworths 2014. Category: Principal judgment Parties: Garry Scott-Brydges (Applicant) Lismore City Council (Respondent) Representation: Counsel:
Mr M Shume (Respondent)
Solicitors:
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