Nomchong v Ku-ring-gai Council [2013] NSWADT 291

Nomchong v Ku-ring-gai Council [2013] NSWADT 291

Mr Nomchong did not clearly apply for review of the decision to charge a release fee and had not given the Council written notice of an intention to make such an application as required by s 38(3) of the Impounding Act 1993. His review application of the impounding decision was lodged 8 days outside the 28 day limit in s 39(2). Section 39, introduced by the words that it has effect despite the Administrative Decisions Tribunal Act 1997, exhaustively governed time limits for review applications under the Impounding Act and excluded the Tribunal's power under s 57 of the Administrative Decisions Tribunal Act 1997 to extend time. The Tribunal therefore had no power to extend time and the...

Jurisdiction
Australia
Judgment Date
19 December 2013
Procedural Posture
Merits Review Application Concerning Impounding of Vehicles Under the Impounding Act 1993 / Interlocutory Application; Preliminary Issues Concerning Scope of Application and Extension of Time
Outcome
The application was dismissed.
Legal Topics
['merits Review' 'impounding of Vehicles' 'time Limits for Review Applications' 'extension of Time' 'notice of Intention to Apply' 'fees for Release of Impounded Items']
['administrative Law' 'local Government' 'statutory Interpretation'] ['merits Review' 'impounding of Vehicles' 'time Limits for Review Applications' 'extension of Time' 'notice of Intention to Apply' 'fees for Release of Impounded Items']

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Procedural Posture

Merits Review Application Concerning Impounding of Vehicles Under the Impounding Act 1993 / Interlocutory Application; Preliminary Issues Concerning Scope of Application and Extension of Time

Legal Issues

  1. 1 ['Whether Mr Nomchong applied for review of the decision to charge a fee for release of the vehicles.' 'Whether the Tribunal had power to extend the time for making the application for review of the impounding decision.' 'If the Tribunal had power to extend time, whether time should be extended.']

Ratio Decidendi

Mr Nomchong did not clearly apply for review of the decision to charge a release fee and had not given the Council written notice of an intention to make such an application as required by s 38(3) of the Impounding Act 1993. His review application of the impounding decision was lodged 8 days outside the 28 day limit in s 39(2). Section 39, introduced by the words that it has effect despite the Administrative Decisions Tribunal Act 1997, exhaustively governed time limits for review applications under the Impounding Act and excluded the Tribunal's power under s 57 of the Administrative Decisions Tribunal Act 1997 to extend time. The Tribunal therefore had no power to extend time and the...

Court Disposition

The application was dismissed.

Orders

  • ['The application is dismissed.']