Coomber v Moree Plains Shire Council [2019] NSWCATAD 162

Coomber v Moree Plains Shire Council [2019] NSWCATAD 162

The proceedings were dismissed because the applicants failed to comply with Tribunal orders requiring evidence and submissions on dismissal and jurisdiction, failed to identify any legislative provision giving the Tribunal jurisdiction to make the orders sought, failed to identify clearly the respondent against whom orders were sought, provided no evidence that the cattle were not trespassing or that the respondents had possession, control, or legal power to release or return the cattle after sale to third parties, and identified no authority permitting an effective order. Those findings made the proceedings misconceived, lacking in substance, and showed a want of prosecution under ss...

Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Administrative Review Under S 38 of the Impounding Act 1993 (nsw) / Application to Dismiss Proceedings Determined on the Papers
Outcome
Proceedings dealt with on the papers without a hearing and dismissed.
Legal Topics
['merits Review' 'impounding of Cattle' 'tribunal Jurisdiction' 'dismissal of Proceedings' 'want of Prosecution' 'determination on the Papers']
['administrative Law' 'civil and Administrative Tribunal Procedure'] ['merits Review' 'impounding of Cattle' 'tribunal Jurisdiction' 'dismissal of Proceedings' 'want of Prosecution' 'determination on the Papers']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review Under S 38 of the Impounding Act 1993 (nsw) / Application to Dismiss Proceedings Determined on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal should dispense with a hearing and determine the dismissal application on the papers.' 'Whether the Tribunal had jurisdiction under s 38 of the Impounding Act 1993 (NSW) to grant the orders sought by the applicants.' 'Whether the proceedings should be dismissed as misconceived, lacking in substance, or for want of prosecution.']

Ratio Decidendi

The proceedings were dismissed because the applicants failed to comply with Tribunal orders requiring evidence and submissions on dismissal and jurisdiction, failed to identify any legislative provision giving the Tribunal jurisdiction to make the orders sought, failed to identify clearly the respondent against whom orders were sought, provided no evidence that the cattle were not trespassing or that the respondents had possession, control, or legal power to release or return the cattle after sale to third parties, and identified no authority permitting an effective order. Those findings made the proceedings misconceived, lacking in substance, and showed a want of prosecution under ss...

Court Disposition

Proceedings dealt with on the papers without a hearing and dismissed.

Orders

  • ['The proceedings be dealt with on the papers without a hearing.' 'The Tribunal dismisses the proceedings.' 'If any party wishes to make an application for costs of these proceedings, the party may file and serve submissions within 7 days after publication of the reasons; any opposing party may file and serve...