Ryan v Northern Tablelands Local Land Services - [2021] NSWCATAD 36

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Ryan v Northern Tablelands Local Land Services [2021] NSWCATAD 36
Hearing dates: On the papers
Date of orders: 25 February 2021
Decision date: 25 February 2021
Jurisdiction: Administrative and Equal Opportunity Division
Before: P H Molony, Senior Member
Decision:
(1) The Tribunal dispenses with a hearing in this matter in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013.
(2) The application to dismiss the external appeal on the ground that there is no jurisdiction is dismissed.
(3) The respondent’s application for summary dismissal of the applicant’s external appeal under section 55(1)(b) is dismissed.
(4) The applicant’s external appeal is to be listed for further case conference at a date and time to be fixed by the Registrar.

Catchwords:
CIVIL PROCEDURE – Civil and Administrative Tribunal – external appeal jurisdiction under s 68 of the Local Land Services Act 2013 – application to dismiss for want of jurisdiction – matters of fact and law relating to jurisdictional arguments require hearing - application for summary dismissal under s55(1)(b) of the Civil and Administrative Tribunal Act 2013 - proceedings not frivolous or vexatious or otherwise misconceived or lacking in substance.

Legislation Cited:
Administrative Decisions (Judicial Review) Act 1997 (Cth)
Civil and Administrative Tribunal Act 2013
Home Building Act 1989
Local Land Services Act 2013
Local Land Services Regulation 2014
Rural Lands Protection Act 1998

Cases Cited:
Alchin v Rail Corporation NSW [2012] NSWADT 142
Attorney-General v Wentworth (1988) 14 NSWLR 481
Aubrey Robert Mills v Local Land Services [2017] NSWLEC 25
Builders Licensing Board v Sperway Constructions (Syd.) Pty Ltd (1976) 135 CLR 616
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47
Choi v University of Technology Sydney [2019] NSWCATAD 176
Commissioner for Fair Trading v Awadallah [2006] NSWADTAP 31
Commissioner for Fair Trading v Cruz [2009] NSWADTAP 51
Griffith University v Tang [2005] HCA 7
Mills v Local Lands Services [2015] NSWCATAD 207
Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd [2019] NSWCATCD 22
Preston V Commissioner for Fair Trading [2011] NSWCA 40
Yammatree Pty Ltd v North West Local Land Service [2015] NSWCATAD 35

Texts Cited:
None

Category: Procedural rulings
Parties: Dr Justin Ryan (Applicant)
Local Land Services (Respondent)
Representation: Applicant (Self-Represented)
Crown Solicitor (Respondent)

File Number(s): 2020/00256660
Publication restriction: None

reasons for decision.

Background.

On 8 September 2020 Dr Justin Ryan made an external appeal to the Tribunal against a decision by Local Land Services (LLS) to refuse his application for a Travelling Stock Permit (TSR) under the Local Land Services Act 2013 (NSW) (the LLS Act) relating to a property known as the Dingo Reserve. The Dingo Reserve abuts a property owned by Dr Ryan on which he operates an organic farm.
From 2012 to 2015 Dr Ryan was issued with a three year annual grazing permit under the Rural Lands Protection Act 1998 with respect to the Dingo Reserve. From 1 July 2015 until 30…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2021] NSWCATAD 36
Decision Date: 25 February 2021

CaseChat Overview and Summary

The applicant, Ryan, sought an external appeal against a decision made by the Northern Tablelands Local Land Services, which was dismissed by the Civil and Administrative Tribunal. The applicant's appeal against this dismissal was brought before the Tribunal, which was asked to consider the jurisdictional aspects of the case, specifically whether it had the authority to hear the matter, and also whether the appeal was frivolous, vexatious, or otherwise misconceived. The Tribunal had to decide on these issues based on the arguments presented by both parties.

The central legal issue before the Tribunal was whether it possessed the jurisdiction to hear the external appeal. Additionally, the Tribunal needed to determine if the appeal was frivolous, vexatious, or otherwise misconceived, as argued by the respondent. These issues required careful consideration of the statutory provisions governing the Tribunal's jurisdiction and the criteria for dismissing appeals under the Civil and Administrative Tribunal Act 2013.

The Tribunal found that the jurisdictional arguments presented by the parties involved both factual and legal considerations that needed to be heard. Therefore, the application to dismiss the appeal for want of jurisdiction was rejected. The Tribunal also concluded that the appeal was not frivolous, vexatious, or misconceived, dismissing the respondent's application for summary dismissal. Consequently, the Tribunal determined that the matter should proceed to a further case conference to allow for a more comprehensive examination of the appeal's merits.

Orders

Orders of the court

(1) The Tribunal dispenses with a hearing in this matter in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013.

(2) The application to dismiss the external appeal on the ground that there is no jurisdiction is dismissed.

(3) The respondent’s application for summary dismissal of the applicant’s external appeal under section 55(1)(b) is dismissed.

(4) The applicant’s external appeal is to be listed for further case conference at a date and time to be fixed by the Registrar.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Ryan v Northern Tablelands Local Land Services [2021] NSWCATAD 36
Hearing dates:	On the papers
Date of orders:	25 February 2021
Decision date:	25 February 2021
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	P H Molony, Senior Member
Decision:	(1) The Tribunal dispenses with a hearing in this matter in accordance with section 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The application to dismiss the external appeal on the ground that there is no jurisdiction is dismissed. (3) The respondent’s application for summary dismissal of the applicant’s external appeal under section 55(1)(b) is dismissed. (4) The applicant’s external appeal is to be listed for further case conference at a date and time to be fixed by the Registrar.
Catchwords:	CIVIL PROCEDURE – Civil and Administrative Tribunal – external appeal jurisdiction under s 68 of the Local Land Services Act 2013 – application to dismiss for want of jurisdiction – matters of fact and law relating to jurisdictional arguments require hearing - application for summary dismissal under s55(1)(b) of the Civil and Administrative Tribunal Act 2013 - proceedings not frivolous or vexatious or otherwise misconceived or lacking in substance.
Legislation Cited:	Administrative Decisions (Judicial Review) Act 1997 (Cth) Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Local Land Services Act 2013 Local Land Services Regulation 2014 Rural Lands Protection Act 1998
Cases Cited:	Alchin v Rail Corporation NSW [2012] NSWADT 142 Attorney-General v Wentworth (1988) 14 NSWLR 481 Aubrey Robert Mills v Local Land Services [2017] NSWLEC 25 Builders Licensing Board v Sperway Constructions (Syd.) Pty Ltd (1976) 135 CLR 616 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47 Choi v University of Technology Sydney [2019] NSWCATAD 176 Commissioner for Fair Trading v Awadallah [2006] NSWADTAP 31 Commissioner for Fair Trading v Cruz [2009] NSWADTAP 51 Griffith University v Tang [2005] HCA 7 Mills v Local Lands Services [2015] NSWCATAD 207 Owners – Strata Plan No. 92334 v Piety Capital Pty Ltd [2019] NSWCATCD 22 Preston V Commissioner for Fair Trading [2011] NSWCA 40 Yammatree Pty Ltd v North West Local Land Service [2015] NSWCATAD 35
Texts Cited:	None
Category:	Procedural rulings
Parties:	Dr Justin Ryan (Applicant) Local Land Services (Respondent)
Representation:	Applicant (Self-Represented) Crown Solicitor (Respondent)
File Number(s):	2020/00256660
Publication restriction:	None