APlus Care 4All Pty Ltd v Children’s Guardian [2019] NSWCATAD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: APlus Care 4All Pty Ltd v Children's Guardian [2019] NSWCATAD 187 Hearing dates: 15 August 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: The application for a stay is dismissed. Catchwords: ADMINISTRATIVE LAW- review application where no internal review sought prior to application – jurisdiction of the Tribunal to hear the stay application – whether stay is desirable - interim stay sought under section 60 Administrative Review Act 1997 (NSW). Legislation Cited: Administrative Decisions Review Act 1997(NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; 78 NSWLR 302 Commission for Children and Young People v FZ [2011] NSWCA 111 Elgammal v Director General, Department of Transport [1999] NSWADT 82 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 New South Wales Bar Association v Stevens [2003] NSWCA 95 Polini v Gray (1879) 12 Ch D 438 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Roberts v Balancio (1987) 8 NSWLR 436 Ye v Commissioner for Fair Trading; Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading [2016] NSWCATAD 147 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Procedural and other rulings Parties: APlus Care 4All Pty Ltd (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)