Smith v Combat Sports Authority [2020] NSWCATAD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Smith v Combat Sports Authority [2020] NSWCATAD 61 Hearing dates: On the papers Date of orders: 21 February 2020 Decision date: 21 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg RFD, Senior Member Decision: (1) The proceedings be dealt with on the papers without a hearing. (2) Father Smith's application to the Tribunal is dismissed for lack of jurisdiction. Catchwords: JURISDICTION – administrative law - relevance of issues raised by parties – enabling legislation – basis of Tribunal's jurisdiction. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Combat Sports Act 2013 (NSW) Combat Sports Bill 2013 and Explanatory Notes Cases Cited: None cited Texts Cited: None cited Category: Procedural and other rulings Parties: Father David B. Smith (Applicant) Combat Sports Authority (Respondent) Representation: Father David Smith (Applicant in person)

Solicitors: C Burnell (Office of Sport) (Respondent) File Number(s): 2019/00300034 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The Applicant (Father Smith) was scheduled to take part in a boxing contest (the Contest) to be held on Friday, 22 March 2019 as part of a fund-raising event (the Event). On the date of the Event the Respondent (the Authority) determined "that the contest should not be permitted to be held", Statement of Reasons at [4.4] (the Determination). The Contest promoter was informed of the Determination and, notwithstanding objections by Father Smith, the Contest did not take place. 2. On 24 September 2019 Father Smith filed an application for a Tribunal review of the Determination (the Application). 3. At a directions hearing on 29 October 2019 the Authority orally submitted that the Determination was not reviewable by the Tribunal and the Tribunal made certain procedural orders/directions. The Tribunal made further orders/directions on 19 November 2019. 4. On 28 November 2019 the Authority filed an "Application for miscellaneous matters" seeking orders by the Tribunal that it did not have jurisdiction to deal with the Application and that oral submissions were not required to determine the question of jurisdiction (the Interlocutory Application). Father Smith disputes the Authority's claim that the Tribunal lacks jurisdiction. Both parties agree that the jurisdictional issue may be dealt with without the need for a hearing. 5. Both the Authority and Father Smith have filed documents in support of their positions as to the extent of the Tribunal's jurisdiction to deal with the Application.