Ishak v Soldat Group of Companies Pty Ltd [2020] NSWCATAP 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ishak v Soldat Group of Companies Pty Ltd [2020] NSWCATAP 160 Hearing dates: On the papers Date of orders: 30 July 2020 Decision date: 30 July 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member D Robertson, Senior Member Decision: (1) Time to lodge the Notice of Appeal is extended up to and including 27 March 2020. (2) Appeal upheld. (3) The decision of the Tribunal below is set aside. (4) In lieu thereof, the respondent's Application to set aside or vary Tribunal decision filed on 31 December 2019 is dismissed. Catchwords: ADMINISTRATIVE LAW – administrative tribunals - Civil and Administrative Tribunal (NSW) – duty to give reasons for decision – reasons inadequate – appeal allowed APPEAL AND NEW TRIAL – Civil and Administrative Tribunal Act 2013 (NSW), s 80(3) – whether to remit proceedings to the Consumer and Commercial Division or deal with the appeal by way of new hearing - proceed by way of a new hearing in this case PROCEDURE – civil – judgments and orders amending, varying and setting aside – setting aside Civil and Administrative Tribunal Regulation 2013 (NSW), cl 9 – principles – conditions for discretion to be enlivened – principles for exercise of discretion -whether a reasonable opportunity to be heard – order set aside Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(3), 41, 80(3) Civil and Administrative Tribunal Rules 2014 (NSW), r 25(4)(c) Civil and Administrative Tribunal Regulation 2013 (NSW), r 9(3) Cases Cited: Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Pham v Gall [2020] NSWCA 116 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Ros v Commissioner of Police [2020] NSWCATAP 70 Vacuum Oil Pty Co Ltd v Stockdale (1942) 42 SR (NSW) 239 Texts Cited: Nil Category: Principal judgment Parties: Evet Ishak (Appellant) Soldat Group of Companies Pty Ltd (Respondent) Representation: Solicitors: Lawandi Lawyers (Appellant) Philip Soldat (Director of the Respondent) File Number(s): AP 20/15099 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 24 January 2020 Before: N Vrabac, Senior Member File Number(s): HB 20/00174