Coomber v Moree Plains Shire Council [2019] NSWCATAD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coomber v Moree Plains Shire Council [2019] NSWCATAD 162 Hearing dates: On the papers Date of orders: 14 August 2019 Decision date: 14 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: NS Isenberg RFD, Senior Member Decision: 1. The proceedings be dealt with on the papers without a hearing.

2. The Tribunal dismisses the proceedings

3. If any party wishes to apply for costs of these proceedings:

(a) The party may, no later than 7 days after publication of these reasons, file with the Tribunal and serve on each relevant party any submissions on costs and on whether the application should be dealt with on the papers without an oral hearing.

(b) Any party which opposes any application for costs may, no later than 14 days after publication of these reasons, file with the Tribunal and serve on any party making a costs application any submission on costs and on whether the application should be dealt with on the papers without an oral hearing.

(c) The party making the application for costs may, no later than 21 days after publication of these reasons, file with the Tribunal and serve on any party opposing the application any submissions in reply.

(d) Each submission served pursuant to paragraphs (a) or (b) above shall be no more than 5 pages and each submission served pursuant to paragraph (c) above shall be no more than 3 pages.

(e) All submissions relating to costs shall have regard to s 60 of the Civil and Administrative Tribunal Act 2013 and shall be in a font no smaller than Arial 11. Catchwords: DISMISSING PROCEEDINGS – merits review – the Impounding Act 1993 – jurisdiction of the Tribunal – failure to comply with Tribunal orders. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Impounding Act 1993 (NSW) Cases Cited: Coomber v Butler [2019] NSWCATAP 194 Category: Principal judgment Parties: Ronald George Coomber (First Applicant) Wendy Gai Coomber (Second Applicant) Moree Plains Shire Council (First Respondent) Julie Anne Butler (Second Respondent) Representation: Applicants (self-represented) A Witherby (Director, Planning and Community Development) (First Respondent) Stacks Law Firm, Tamworth (Second Respondent) File Number(s): 2019/00074146 Publication restriction: Nil