PR v MDM [2020] NSWCATAP 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PR v MDM [2020] NSWCATAP 151 Hearing dates: On the papers after 5 June 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Appeal Panel Before: N Hennessy, Deputy President ADCJ A Suthers, Principal Member Decision: (1) The Appeal Panel will deal with the appeal by way of a new hearing. (2) Order 3 of the Tribunal's orders made on 2 April 2020 is set aside. In substitution for that order, the following order is made, pending further order of the Appeal Panel: Under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the parties' names is prohibited. Note: Under s 64(4), a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. (3) The appeal is listed for call-over at 12 noon on 4 August 2020. Catchwords: APPEAL - PRACTICE AND PROCEDURE – meaning of s 64(1) of Civil and Administrative Tribunal Act 2013 (NSW) - where Tribunal made a non-publication order restricting publication of applicant's name in connection with Tribunal proceedings– whether Tribunal made an error of law – fresh evidence - whether Appeal Panel should deal with the appeal by way of a new hearing Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Strata Schemes Management Act 2015 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Administrative Decisions Tribunal Act 1997 (NSW) Cases Cited: DRJ v Commissioner of Victims Rights [2020] NSWCA 136 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Yuen v Thom (11 November 2016) [2016] NSWCATAP 243 Texts Cited: Nil Category: Principal judgment Parties: PR (1st Appellant) TT (2nd Appellant) GW (3rd Appellant) MDM (Respondent) Representation: Solicitors: Jane Crittenden, Lawyer (Appellants) Kerin Benson, Lawyers (Respondent) File Number(s): AP 20/18521 Publication restriction: (1) Under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the parties' names in the appeal proceedings is prohibited. Note: Under s 64(4), a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. (2) Under s 64(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW), publication of paragraph 8 of these reasons for decision is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: MDM v PR & Ors [2020] NSWCAT (unreported) Date of Decision: 2 April, 2020 Before: K Rosser, Principal Member File Number(s): SC 19/49726