Dubow v Mid-Western Regional Council [2019] NSWCATAP 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dubow v Mid-Western Regional Council [2019] NSWCATAP 242 Hearing dates: 20 September 2019 Date of orders: 02 October 2019 Decision date: 02 October 2019 Jurisdiction: Appeal Panel Before: Hennessey ADCJ, Deputy President Dr J Lucy, Senior Member Decision: The appeal is dismissed. Catchwords: APPEAL - appeal from decision that Tribunal has no jurisdiction to review four decisions made by the Mid-Western Regional Council to impound alpacas under s 116(3) of the Local Land Services Act 2013 (NSW) – whether Tribunal made an error of law in construing s 116(3) of the Local Land Services Act 2013 (NSW) or s 38 of the Impounding Act 1993 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Impounding Act 1993 (NSW) Local Land Services Act 2013 (NSW) Cases Cited: DHU v Commissioner of Police, NSW Police Service [2018] NSWCATAP 282 Texts Cited: Pearce & Geddes, Statutory Interpretation in Australia (8th ed, LexisNexis Butterworths 2014) Category: Principal judgment Parties: Yolande Dubow (Appellant) Mid-Western Regional Council (Respondent) Representation: Solicitors: Appellant (Self Represented) Lindsay Taylor Lawyers (Respondent) File Number(s): AP 19/34466 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2019] NSWCATAD 142 Date of Decision: 23 July 2019 Before: P Molony, Senior Member File Number(s): 2018/00390573 2019/00078883 2019/00078888 2019/00140787 2019/00140788