Carmont v Local Land Services [2016] NSWCATAD 82

Carmont v Local Land Services [2016] NSWCATAD 82

The Tribunal dismissed the appeal on the basis that the communication from Local Land Services did not constitute a 'decision to impose a condition' or a 'direction to make an improvement' under s 75 of the Local Land Services Act 2013 (NSW) and therefore was not a decision over which the Tribunal had jurisdiction under s 76.

Parties
Applicant: David Carmont; Respondent: Local Land Services
Jurisdiction
Australia
Judgment Date
02 May 2016
Procedural Posture
External Appeal / Determination of Jurisdiction/final Determination
Outcome
Appeal dismissed
Legal Topics
Tribunal Jurisdiction, Right of Way, Travelling Stock Reserve, External Appeal
Administrative Law Tribunal Jurisdiction Right of Way Travelling Stock Reserve External Appeal

Case Brief

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Parties

David Carmont

Applicant

Local Land Services

Respondent

Procedural Posture

External Appeal / Determination of Jurisdiction/final Determination

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to determine an external appeal regarding a communication by Local Land Services about right of way access under s 75 and s 76 of the Local Land Services Act 2013 (NSW)

Ratio Decidendi

The Tribunal dismissed the appeal on the basis that the communication from Local Land Services did not constitute a 'decision to impose a condition' or a 'direction to make an improvement' under s 75 of the Local Land Services Act 2013 (NSW) and therefore was not a decision over which the Tribunal had jurisdiction under s 76.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.