Shields & Lye v Goulburn Mulwaree Council [2007] NSWADT 229

Shields & Lye v Goulburn Mulwaree Council [2007] NSWADT 229

The impounding was unlawful. The notice posted to Mr Lye on 4 September 2006 did not permit impounding on 8 September 2006 because the Council had to allow for postal service under the Interpretation Act 1987 and then at least three days after service. The Council also failed to make all reasonable inquiries as to the owner of trailer 557 QLR and gave no notice to Ms Shields. The Tribunal further held that the Council was not authorised to impound the trailer located on private land. The correct and preferable decision was that the vehicles were not impounded.

Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Applications for Review of Impounding Decisions Under the Impounding Act 1993 / Principal Matter; External Review After Internal Review
Outcome
The decision under review was set aside and substituted with a decision that the vehicles subject to the purported impounding are not impounded.
Legal Topics
['unlawful Impounding of Vehicles' 'notice of Intended Impounding' 'service by Post' 'reasonable Inquiries as to Ownership' 'impounding on Private Land']
['administrative Law' 'local Government' 'impounding'] ['unlawful Impounding of Vehicles' 'notice of Intended Impounding' 'service by Post' 'reasonable Inquiries as to Ownership' 'impounding on Private Land']

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Procedural Posture

Applications for Review of Impounding Decisions Under the Impounding Act 1993 / Principal Matter; External Review After Internal Review

Legal Issues

  1. 1 ['Whether the Council complied with s 16 of the Impounding Act 1993 in giving notice to Mr Lye before impounding his vehicles.' 'Whether the Council made all reasonable inquiries to find the owner of trailer 557 QLR before impounding it.' 'Whether the Council was authorised to impound a vehicle located on private land.']

Ratio Decidendi

The impounding was unlawful. The notice posted to Mr Lye on 4 September 2006 did not permit impounding on 8 September 2006 because the Council had to allow for postal service under the Interpretation Act 1987 and then at least three days after service. The Council also failed to make all reasonable inquiries as to the owner of trailer 557 QLR and gave no notice to Ms Shields. The Tribunal further held that the Council was not authorised to impound the trailer located on private land. The correct and preferable decision was that the vehicles were not impounded.

Court Disposition

The decision under review was set aside and substituted with a decision that the vehicles subject to the purported impounding are not impounded.

Orders

  • ['The decision under review is set aside.' 'In its place the decision is made that the vehicles that are the subject of the purported impounding are not impounded.']