Jalnz Constructions Pty Ltd v Commissioner of Fair Trading [2022] NSWCATAD 188

Jalnz Constructions Pty Ltd v Commissioner of Fair Trading [2022] NSWCATAD 188

Because cl 56 of the Strata Schemes Management Regulation 2016 did not provide any right of review in relation to s 207 of the Strata Schemes Management Act 2015, and no enabling legislation otherwise gave the Tribunal administrative review jurisdiction over a decision about payment of the strata building bond, there was no administratively reviewable decision. The Tribunal also had no power to compel the respondent to provide an exemption letter. The application was therefore outside jurisdiction, misconceived and lacking in substance, and was dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Jurisdiction
Australia
Judgment Date
08 June 2022
Procedural Posture
Administrative Review Application Concerning a Strata Building Bond / Dismissal Application Determined on the Papers
Outcome
Application dismissed
Legal Topics
['administrative Review Jurisdiction' 'administratively Reviewable Decision' 'strata Building Bond' 'summary Dismissal' 'dispensing With Hearing']
['administrative Law' 'strata Schemes' 'civil and Administrative Tribunal Procedure'] ['administrative Review Jurisdiction' 'administratively Reviewable Decision' 'strata Building Bond' 'summary Dismissal' 'dispensing With Hearing']

Case Brief

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Procedural Posture

Administrative Review Application Concerning a Strata Building Bond / Dismissal Application Determined on the Papers

Legal Issues

  1. 1 ['Whether there was an administratively reviewable decision in respect of which the Tribunal had administrative review jurisdiction' 'Whether the Tribunal had power to review or exempt the applicant from paying a strata building bond under s 207 of the Strata Schemes Management Act 2015' 'Whether the proceedings should be dismissed as misconceived or lacking in substance']

Ratio Decidendi

Because cl 56 of the Strata Schemes Management Regulation 2016 did not provide any right of review in relation to s 207 of the Strata Schemes Management Act 2015, and no enabling legislation otherwise gave the Tribunal administrative review jurisdiction over a decision about payment of the strata building bond, there was no administratively reviewable decision. The Tribunal also had no power to compel the respondent to provide an exemption letter. The application was therefore outside jurisdiction, misconceived and lacking in substance, and was dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013.

Court Disposition

Application dismissed

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing is dispensed with.' 'The application for administrative review lodged on 11 March 2022 is dismissed.']