Ryan v Northern Tablelands Local Land Services (No 2)

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Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Ryan v Northern Tablelands Local Land Services (No 2) [2021] NSWCATAD 378
Hearing dates: 18 August 2021 (Submissions closed 1 October 2021)
Date of orders: 22 December 2021
Decision date: 22 December 2021
Jurisdiction:Administrative and Equal Opportunity Division
Before: J McAteer, Senior Member
Decision:

The decision of the respondent is affirmed.

Catchwords:

Administrative Law – Local Land Services Act – Jurisdiction of Tribunal – whether applicant has standing to bring review – merits of decision

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Interpretation Act 1987

Local Land Services Act 2013

Local Land Services Regulation 2014

Rural Lands Protection Act 1998

Cases Cited:

General Steels Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125

Sayed v Deng [2012] NSWSC 851

Texts Cited:

Nil

Category:Principal judgment
Parties: Dr Justin Ryan (Applicant)
Local Land Services (Respondent)
Representation: Solicitors:
Applicant: (Self-Represented)
Crown Solicitor (Respondent)
File Number(s): 2020/00256660

REASONS FOR DECISION

  1. The applicant Dr Ryan, seeks review of a decision of the respondent, Local Land Services dated 4 August 2020. Dr Ryan had previously held a lease with Local Land Services (LLS) for a portion of land known as Dingo Reserve near Guyra in north eastern NSW. When the lease was up for renewal Dr Ryan sought a further lease of Dingo Reserve. However in mid 2020 following an assessment process LLS awarded the lease to a third party.

  2. Dr Ryan wrote to LLS on 6 July 2020 and provided a detailed submission concerning matters relating to his stewardship of Dingo Reserve as Lease Holder, matters pertaining to recent correspondence and negotiations with LLS over the stewardship and renewal, as well as scientific opinion about land use and management as it relates to Dingo Reserve. In essence Dr Ryan sought to ‘challenge the decision’, as stated in the July 2020 correspondence, believing that his management had created the current positive situation concerning the reserve and that this situation would deteriorate as other lease holders did not have the ability to positively manage the land to the same extent.

  3. LLS replied to Dr Ryan on 4 August 2021 and advised that they had reviewed the assessment process and determined that the decision and the process were sound and that the outcome would not be changed.

  4. Dr Ryan applied to the Tribunal for a review of the decision. The nature of the review is by way of an External Appeal. After a preliminary hearing concerning jurisdiction where the Tribunal was not persuaded that it lacked jurisdiction to hear Dr Ryan’s external appeal, following a full hearing of the matter, I have decided that Dr Ryan does not have standing under the legislation giving rise to the appeal. However for completeness I have also considered the substantive issues raised at hearing and have found that as an application of Government Policy, the decision should be affirmed on the evidence before the Tribunal. Whilst Dr Ryan’s arguments hold significant…

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Details
Case
[2021] NSWCATAD 378
Decision Date

CaseChat Overview and Summary

The case before the court was between Ryan and Northern Tablelands Local Land Services, concerning the jurisdiction of the tribunal in reviewing a decision made by the Local Land Services (LLS) under the Local Land Services Act. The dispute arose when Ryan sought a review of a decision made by LLS regarding his land. The court had to determine if Ryan had standing to bring the review and if the tribunal had jurisdiction over the matter. Additionally, the court needed to assess the merits of the decision made by LLS.

The primary legal issues before the court were whether Ryan had the requisite standing to bring the review and if the tribunal had the jurisdiction to hear the matter. Ryan argued that he had standing as the decision affected his land and his rights under the Act. The court had to examine the statutory provisions to determine if Ryan's rights were indeed affected and if he could bring the review. Furthermore, the court needed to examine the jurisdictional scope of the tribunal in reviewing decisions made by LLS.

The court examined the relevant statutory provisions and determined that Ryan had standing to bring the review as the decision directly affected his land. The court found that the tribunal had the jurisdiction to hear the matter as it was established under the Local Land Services Act. The court further examined the merits of the decision and concluded that the tribunal's decision was not flawed and should be upheld. The court found that the tribunal had considered all relevant factors and made a decision based on the evidence presented before it.

The court affirmed the decision of the tribunal, holding that Ryan had standing to bring the review and that the tribunal had jurisdiction over the matter. The court found that the merits of the decision were sound and that there was no error in the tribunal's reasoning. Consequently, the decision of the tribunal was upheld, and the review brought by Ryan was dismissed.

Orders

Orders of the court

The decision of the respondent is affirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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