Dubow v Mid-Western Regional Council

[2019] NSWCATAD 142

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Dubow v Mid-Western Regional Council [2019] NSWCATAD 142

Hearing dates:

On the papers

Date of orders:

23 July 2019

Decision date:

23 July 2019

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

P H Molony, Senior Member

Decision:

(1) Under s 50(4) of the Civil and Administrative Tribunal Act 2013 the Tribunal determines that a hearing is not required.

 

(2)   The Tribunal dismisses each of the following applications for want of jurisdiction: 2018-00390573, 2019-00078883, 2019-00078888, 2019-00140787 and 2019-00140788.

 (3)   Each party is to bear their own costs.

Catchwords:

ADMINISTRATIVE LAW — Particular administrative bodies — NSW Civil and Administrative Tribunal – administrative review jurisdiction – no jurisdiction to administrative review abatement under s125 of the Local Government Act 1993 – no jurisdiction to administratively review impounding of stock under s 116(3) of the Local Land Services Act 2013.

Legislation Cited:

Administrative Decisions Review Act 1997
Civil and Administrative Tribunal Act 2013
Local Land Services Act 2013
Impounding Act 1993

Cases Cited:

Cynthia Jian Er Huang t/as Auchland and Co v Younes [2019] NSWCATAP 153I
Preston v Commissioner for Fair Trading [2011] NSWCA 40

Texts Cited:

NCAT, Administrative and Equal Opportunity Division, Cost Guideline (August 2017)

Category:

Procedural and other rulings

Parties:

Yolande Dubow (Applicant)
Mid Western Regional Council (Respondent)

Representation:

Y Dubow (Applicant self-represented)
Lindsay Taylor Lawyers (Respondent)

File Number(s):

2018/003905732019/000788832019/000788882019/001407872019/00140788

Publication restriction:

Nil

REASONS FOR DECISION

Introduction

1. Yolande Dubow has made five applications to the Administrative and Equal Opportunity Division of the Tribunal.

2. In four of those applications she seeks administrative review under the Administrative Decisions Review Act 1997 (NSW) (the ADR Act) of four separate decisions made by the Mid-Western Regional Council (Council) to take and secure, or impound, seven alpacas found on public roads in Spring Hill under s 116 of the Local Land Services Act 2013 (the LLS Act). Ms Dubow does not dispute that the alpacas are hers.

3. The fifth application (2019/0007883) is made as a general application to the Administrative and Equal Opportunity Division (rather than as an application for administrative review) of the events of 2 January 2019 when her alpacas were taken and impounded in abatement of a nuisance under s 125 of the Local Government Act 1993 (the LG Act). As Ms Dubow seeks (as she does in the other four applications) to rely on s 38 of the Impounding Act 1993 which grants a right to seek a limited right of administrative review under the ADR Act (as to the legality of the impounding) I think it clear that she also seeks administrative review of this decision. Ms Dubow’s assertion that the impounding was illegal reinforces this view. Because the Tribunal is required to act with as little formality as the circumstances of the case permit, to ensure its proceedings are just, quick and cheap and is not to have regard to technicalities or legal form (s 36 and s 38 of the Civil and Administrative Tribunal Act 2013 (the…