B & L Linings Pty Limited v Chief Commissioner of State Revenue

[2009] NSWCA 55

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Administrative tribunals
3. › Administrative Decisions Tribunal (NSW)
4. › Costs
5. › Special circumstances
6. › Construction of 'special circumstances' in s 88
7. › Administrative Decisions Tribunal Act 1997 (NSW), s 88
1. Statutes
2. › Construction
3. › Transitional provisions
4. › Whether amended legislation applies to reconsideration of matter remitted on appeal
5. › Administrative Decisions Tribunal Act 1997 (NSW), s 88

Quick Take

Where a costs decision by the ADT Appeal Panel is set aside on appeal and remitted for reconsideration, and the governing legislation has been amended in the interim, the new form of the legislation applies to the reconsideration. No limitation need be placed on the Appeal Panel's task under the new provision.