Irvine v Temora Shire Council [2025] NSWCATAD 59

The Tribunal lacks jurisdiction to determine the present application for administrative review because its previous remittal under s 63(3)(d) of the Administrative Decisions Review Act 1997 (NSW) exhausted its review jurisdiction; there is no statutory provision investing jurisdiction to review a subsequent remittal decision.

Parties: Applicant: Anthony Irvine; Respondent: Temora Shire Council
Jurisdiction: Australia
Judgment Date: 10 March 2025
Procedural Posture: Administrative Review / Jurisdictional Application; Orders on the Papers
Outcome: Application dismissed for lack of jurisdiction
Legal Topics: Government Information, Statutory Interpretation, Tribunal Jurisdiction

Administrative Law Government Information Statutory Interpretation Tribunal Jurisdiction

Case Brief

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Parties

Anthony Irvine

Applicant

Temora Shire Council

Respondent

Procedural Posture

Administrative Review / Jurisdictional Application; Orders on the Papers

Legal Issues

1 Whether the Tribunal has jurisdiction to entertain a new application for administrative review of a decision made following remittal under s 63(3)(d) of the Administrative Decisions Review Act 1997 (NSW)

Ratio Decidendi

Court Disposition

Application dismissed for lack of jurisdiction

Orders

Dispensed with oral hearing of the application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW)
Application dismissed for lack of jurisdiction