Todd v Commissioner for Fair Trading, Office of Fair Trading (GD) [2005] NSWADTAP 14

Todd v Commissioner for Fair Trading, Office of Fair Trading (GD) [2005] NSWADTAP 14

Because no internal review of the delegate's decision had occurred and the Tribunal had not made any dispensation order under s 55(2)(c) of the Administrative Decisions Tribunal Act 1997, the application for review proceeded without the Tribunal acquiring jurisdiction. The resulting Tribunal determination was not a valid appealable decision, so the Appeal Panel could not exercise merits or remedial appellate powers and the Tribunal's decision had to be set aside for want of jurisdiction.

Jurisdiction
Australia
Judgment Date
06 April 2005
Procedural Posture
Administrative Review Appeal / Appeal Panel Consideration of Two Notices of Appeal From a General Division Decision
Outcome
The Tribunal's decision was set aside for want of jurisdiction.
Legal Topics
['jurisdiction' 'internal Review Precondition' 'stay of Administrative Decision' 'property, Stock and Business Agents Licensing' 'appeal Panel Powers']
['administrative Law' 'occupational Licensing and Discipline'] ['jurisdiction' 'internal Review Precondition' 'stay of Administrative Decision' 'property, Stock and Business Agents Licensing' 'appeal Panel Powers']

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Procedural Posture

Administrative Review Appeal / Appeal Panel Consideration of Two Notices of Appeal From a General Division Decision

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to determine the application for review where the delegate's decision had not been the subject of internal review and no dispensation under s 55(2)(c) of the Administrative Decisions Tribunal Act 1997 had been given." 'Whether the Appeal Panel had a valid appealable decision before it and could repair the jurisdictional defect.' "Whether the Tribunal's decision affirming cancellation and disqualification on the basis of disqualification under s 16(1)(m) of the Property, Stock and Business Agents Act 2002 could stand."]

Ratio Decidendi

Because no internal review of the delegate's decision had occurred and the Tribunal had not made any dispensation order under s 55(2)(c) of the Administrative Decisions Tribunal Act 1997, the application for review proceeded without the Tribunal acquiring jurisdiction. The resulting Tribunal determination was not a valid appealable decision, so the Appeal Panel could not exercise merits or remedial appellate powers and the Tribunal's decision had to be set aside for want of jurisdiction.

Court Disposition

The Tribunal's decision was set aside for want of jurisdiction.

Orders

  • ["The Tribunal's decision is set aside for want of jurisdiction."]