Jannis v Ant-Hassa Pty Ltd [2020] NSWCATAP 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jannis v Ant-Hassa Pty Ltd [2020] NSWCATAP 99 Hearing dates: 18 February 2020 Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President M Harrowell, Principal Member Decision: (1) The orders made on 10 October 2019 in application HB 19/26920 are set aside and the proceedings are remitted for rehearing by a differently constituted Tribunal. (2) The parties have liberty to adduce further or other evidence. (3) The remitted proceedings should be listed for directions in the Consumer and Commercial Division as soon as possible. Catchwords: ADMINISTRATIVE LAW – breach of procedural fairness - failure to allow party opportunity to cross-examine - error of law Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Home Building Regulation 2014 (NSW) Queensland Civil and Administrative Tribunal Act 2009 (Qld) Victorian Civil and Administrative Tribunal Act 1988 (Vic) Cases Cited: Amos v PPT Investments Pty Ltd [2019] NSWCATAP 226 Cheung v Yang [2013] NSWSC 1694 Gallo v Duflou [2014] NSWCATAP 115 Morgan v Shardlan Pty Ltd as Trustee for the Stumar Family Trust t/as Carpet One and Blinds Wagga Wagga [2018] NDSWCATAP 143 Lee v Cha [2008] NSWCA 13 O'Rourke v Miller (1985) 156 CLR 342 Renda v Wu [2016] NSWCATAP 238 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555 Wakim v Mathiew Pty Ltd [2002] NSWSC 405 Wilson v AR Browning Nominees Pty Ltd t/as Ad-Built; O'Brien v Twyman [2016] NSWCATAP 125 Texts Cited: Aronson and Groves, Judicial Review of Administrative Action (6th ed 2017, Lawbook Co) G A Flick, Natural Justice – Principles and Practical Application (2nd ed 1984, Butterworths) Category: Principal judgment Parties: Costa Jannis (Appellant) Helen Jannis (Appellant) Ant-Hassa Pty Ltd (Respondent) Representation: Solicitors: Fox & Staniland Lawyers (Appellants) A Hassarati (Director) (Respondent) File Number(s): AP 19/50621 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 October 2019 Before: N Alamali, General Member File Number(s): HB 19/26920