Coomber v Moree Plains Shire Council (No 2) [2019] NSWCATAD 229

Coomber v Moree Plains Shire Council (No 2) [2019] NSWCATAD 229

Assuming without deciding that the 14 August 2019 decision was made in the absence of Mr and Mrs Coomber, the Tribunal was not satisfied that any such absence resulted in their case not being adequately put. They had several opportunities to provide written submissions and evidence, there was no indication of what additional material they could have put at an oral hearing, and their set aside application challenged the merits of the dismissal decision rather than showing that their absence caused their case not to be adequately presented. The Tribunal was also not satisfied that they had an arguable case that a different decision could have been reached, because they had not identified...

Jurisdiction
Australia
Judgment Date
05 November 2019
Procedural Posture
Application to Set Aside or Vary Tribunal Decision Under Reg 9 of the Civil and Administrative Tribunal Regulation 2013 / Determined on the Papers
Outcome
Application refused.
Legal Topics
['application to Set Aside Decision' 'decision Made in Absence of a Party' 'dispensing With a Hearing' 'dismissal of Proceedings' 'impounding of Cattle' 'tribunal Jurisdiction']
['administrative Law' 'practice and Procedure'] ['application to Set Aside Decision' 'decision Made in Absence of a Party' 'dispensing With a Hearing' 'dismissal of Proceedings' 'impounding of Cattle' 'tribunal Jurisdiction']

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Procedural Posture

Application to Set Aside or Vary Tribunal Decision Under Reg 9 of the Civil and Administrative Tribunal Regulation 2013 / Determined on the Papers

Legal Issues

  1. 1 ['Whether the decision made on 14 August 2019 was made in the absence of Mr and Mrs Coomber for the purposes of reg 9(1)(b).' "Whether any absence resulted in Mr and Mrs Coomber's case not being adequately put to the Tribunal." 'Whether the Tribunal should exercise any discretion to set aside the decision dismissing the proceedings.' 'Whether any effective stay or order could be made in relation to cattle no longer in the possession or control of either respondent.']

Ratio Decidendi

Assuming without deciding that the 14 August 2019 decision was made in the absence of Mr and Mrs Coomber, the Tribunal was not satisfied that any such absence resulted in their case not being adequately put. They had several opportunities to provide written submissions and evidence, there was no indication of what additional material they could have put at an oral hearing, and their set aside application challenged the merits of the dismissal decision rather than showing that their absence caused their case not to be adequately presented. The Tribunal was also not satisfied that they had an arguable case that a different decision could have been reached, because they had not identified...

Court Disposition

Application refused.

Orders

  • ['The application made by Mr and Mrs Coomber under reg 9 of the Civil and Administrative Tribunal Regulation 2013 for an order to set aside the decision made on 14 August 2019 is refused.']