Cocks v O'Malley [2006] NSWADT 150

Cocks v O'Malley [2006] NSWADT 150

In the context of s 109Z of the Environmental Planning and Assessment Act 1979, the ordinary meaning of "after" is "later in time than" the completion of the investigation. Time under cl 14(3) of the Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 did not start immediately at the close of the investigation or when the State Assessment Committee made recommendations, but when the applicant decided to make an application to the Tribunal. The application was therefore within time and the Tribunal had jurisdiction.

Jurisdiction
Australia
Judgment Date
22 May 2006
Procedural Posture
Application for Disciplinary Findings Against an Accredited Certifier / Preliminary Matter on Jurisdiction and Time Limit
Outcome
The respondent's application to dismiss the application for lack of jurisdiction was dismissed.
Legal Topics
['time Limit for Application to Tribunal' 'disciplinary Findings Against Accredited Certifier' 'construction of Statutory Word "after"' 'tribunal Jurisdiction']
['administrative Law' 'planning and Environment' 'professional Discipline' 'jurisdiction'] ['time Limit for Application to Tribunal' 'disciplinary Findings Against Accredited Certifier' 'construction of Statutory Word "after"' 'tribunal Jurisdiction']

Case Brief

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Procedural Posture

Application for Disciplinary Findings Against an Accredited Certifier / Preliminary Matter on Jurisdiction and Time Limit

Legal Issues

  1. 1 ['Whether the applicant lodged the application for a disciplinary finding within the statutory time limit.' 'When the applicant became entitled under the enactment to make the application to the Tribunal.' 'Whether the Tribunal had jurisdiction to hear the application.']

Ratio Decidendi

In the context of s 109Z of the Environmental Planning and Assessment Act 1979, the ordinary meaning of "after" is "later in time than" the completion of the investigation. Time under cl 14(3) of the Administrative Decisions Tribunal Rules (Transitional) Regulation 1998 did not start immediately at the close of the investigation or when the State Assessment Committee made recommendations, but when the applicant decided to make an application to the Tribunal. The application was therefore within time and the Tribunal had jurisdiction.

Court Disposition

The respondent's application to dismiss the application for lack of jurisdiction was dismissed.

Orders

  • ['The application by the respondent to dismiss the application for lack of jurisdiction is dismissed.' 'The applicant is to file and serve any further evidence and submissions in support of the application within 28 days of the date of these reasons.' 'The respondent is to file and serve any further evidence and...