Bennett v Building Professionals Board [2011] NSWADT 111

Bennett v Building Professionals Board [2011] NSWADT 111

The Tribunal accepted Mr Bennett's evidence that he did not receive the Board's letter dated 14 May 2010 and found sufficient evidence to contradict the presumption of service by post. The Board did not provide, serve or notify Mr Bennett of its written statement of decision until 3 February 2011, and the application lodged on 3 March 2011 was therefore made within the 28-day default application period.

Jurisdiction
Australia
Judgment Date
20 May 2011
Procedural Posture
Application for Review of a Reviewable Decision / Interlocutory Application on Whether the Application for Review Was Made Within Time
Outcome
The applicant's application for review of a reviewable decision was made within time.
Legal Topics
['time for Commencing Review Proceedings' 'notification of Reviewable Decision' 'service by Post' 'reprimand of Accredited Certifier']
['administrative Law' 'practice and Procedure'] ['time for Commencing Review Proceedings' 'notification of Reviewable Decision' 'service by Post' 'reprimand of Accredited Certifier']

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Procedural Posture

Application for Review of a Reviewable Decision / Interlocutory Application on Whether the Application for Review Was Made Within Time

Legal Issues

  1. 1 ["Whether Mr Bennett's application for review was lodged within 28 days of the day on which he was notified of the making of the reviewable decision under s 55(2)(b)(ii) of the Administrative Decisions Tribunal Act 1997." "Whether the Board's letter dated 14 May 2010 was received by Mr Bennett or should be presumed to have been served by post." 'If the application was out of time, whether time should be extended under s 57(1) of the Administrative Decisions Tribunal Act 1997.']

Ratio Decidendi

The Tribunal accepted Mr Bennett's evidence that he did not receive the Board's letter dated 14 May 2010 and found sufficient evidence to contradict the presumption of service by post. The Board did not provide, serve or notify Mr Bennett of its written statement of decision until 3 February 2011, and the application lodged on 3 March 2011 was therefore made within the 28-day default application period.

Court Disposition

The applicant's application for review of a reviewable decision was made within time.

Orders

  • ["The applicant's application for review of a reviewable decision was made within time."]