Fox v Heffernan [2019] NSWCATAD 217

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fox v Heffernan [2019] NSWCATAD 217 Hearing dates: On the papers Date of orders: 22 October 2019 Decision date: 22 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) The Tribunal dispenses with a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The Tribunal sets aside the decision made by the respondents to fix $270.00 as an appropriate charge of under s 13(2) of the Impounding Act, and in lieu thereof the Tribunal determines that the appropriate charge of $203.00. (3) The respondents are to pay the applicant the sum of $67.00, being a refund of impounding charges overpaid, within 28 days. Catchwords: Administrative Law – impounding of trespassing cattle on private lands by owner – review of appropriate charge for impound under s 38(2) of the Impounding Act 1992 – charge found to be excessive. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Impounding Act 1993 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Category: Principal judgment Parties: Catherine Eileen Fox (Applicant) Craig Patrick Heffernan (First Respondent) Jenifer Heffernan (Second Respondent) Representation: Counsel: A Gandar (Applicant )

Solicitors: Teneo Legal (Applicant ) Crookwell Law (Respondent) File Number(s): 2019/00191359 Publication restriction: Nil