FHH v Port Stephens Council [2024] NSWCATAP 182

FHH v Port Stephens Council [2024] NSWCATAP 182

The Tribunal's Appeal Panel does not have jurisdiction to entertain an internal appeal from its own decision, per s 32(3)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). The appeal is incompetent and must be dismissed. No extension of time to lodge submissions on jurisdiction is warranted.

Parties
First Appellant: FHH; Second Appellant: FTU; Respondent: Port Stephens Council
Jurisdiction
Australia
Judgment Date
23 September 2024
Procedural Posture
Appeal / Application for Extension of Time and Determination of Competency of Purported Appeal
Outcome
Appeal dismissed as incompetent; extension of time refused
Legal Topics
Jurisdiction, Extensions of Time, Appeal Competency
Civil Procedure Jurisdiction Extensions of Time Appeal Competency

Case Brief

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Parties

FHH

First Appellant

FTU

Second Appellant

Port Stephens Council

Respondent

Procedural Posture

Appeal / Application for Extension of Time and Determination of Competency of Purported Appeal

Legal Issues

  1. 1 Whether the Tribunal's Appeal Panel has jurisdiction to entertain a purported internal appeal from its own decision
  2. 2 Whether an extension of time to lodge submissions in respect of jurisdiction should be granted

Ratio Decidendi

The Tribunal's Appeal Panel does not have jurisdiction to entertain an internal appeal from its own decision, per s 32(3)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). The appeal is incompetent and must be dismissed. No extension of time to lodge submissions on jurisdiction is warranted.

Court Disposition

Appeal dismissed as incompetent; extension of time refused

Orders

  • A hearing of the Appellants' application for an extension of time to lodge submissions in respect of jurisdiction is dispensed with.
  • The Appellants' application for an extension of time is refused.