Cheung v The Administrative Decisions Tribunal of New South Wales [2000] NSWSC 1062

Cheung v The Administrative Decisions Tribunal of New South Wales [2000] NSWSC 1062

Where the Local Government Act 1993 s 329 prescribes a time limit for applications and contains no provision for an extension of time, the Administrative Decisions Tribunal does not have power, by virtue of s 44 of the Administrative Decisions Tribunal Act 1997, to extend that time.

Parties
Plaintiff: Kwai Lin (Karin) Cheung; 1st Defendant: The Administrative Decisions Tribunal of New South Wales; 2nd Defendant: Emma Dorothy Brooks Maher
Jurisdiction
Australia
Judgment Date
16 November 2000
Procedural Posture
Administrative Law Application for Certiorari or Declaration / Judgment in Supreme Court, Review of Tribunal Decision Extending Time
Outcome
Order in terms of Summons: extension of time by Tribunal set aside. Second defendant ordered to pay plaintiff's costs. Certificate under the Suitors' Fund Act granted to second defendant.
Legal Topics
Time Limits for Applications, Election Law, Jurisdiction of Tribunal, Statutory Interpretation, Extension of Time
Administrative Law Time Limits for Applications Election Law Jurisdiction of Tribunal Statutory Interpretation Extension of Time

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Parties

Kwai Lin (Karin) Cheung

Plaintiff

The Administrative Decisions Tribunal of New South Wales

1st Defendant

Emma Dorothy Brooks Maher

2nd Defendant

Procedural Posture

Administrative Law Application for Certiorari or Declaration / Judgment in Supreme Court, Review of Tribunal Decision Extending Time

Legal Issues

  1. 1 Whether the Administrative Decisions Tribunal had power to extend the time for making an application under s 329 of the Local Government Act 1993
  2. 2 Whether s 44 of the Administrative Decisions Tribunal Act 1997 applies where the relevant enactment does not provide for an extension of time

Ratio Decidendi

Where the Local Government Act 1993 s 329 prescribes a time limit for applications and contains no provision for an extension of time, the Administrative Decisions Tribunal does not have power, by virtue of s 44 of the Administrative Decisions Tribunal Act 1997, to extend that time.

Court Disposition

Order in terms of Summons: extension of time by Tribunal set aside. Second defendant ordered to pay plaintiff's costs. Certificate under the Suitors' Fund Act granted to second defendant.

Orders

  • Order in the terms of order 1 in the Summons (setting aside Tribunal's extension of time)
  • Second defendant to pay plaintiff's costs