Minifie v Maxwell [2020] NSWCATAP 175

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Minifie v Maxwell [2020] NSWCATAP 175 Hearing dates: 13 August 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member D Robertson Senior Member Decision: (1) The appeal is upheld (2) The decision of Senior Member Boyce conveyed by email by the Deputy Registrar of the Tribunal to the appellant that he was functus officio in considering the application by the appellant to vary the order in the renewal proceedings requiring contribution by her is quashed (3) The renewal proceedings are remitted to Senior Member Boyce for determination by him of the appellant's application to vary the order for contribution of monies made against the appellant Catchwords: APPEALS – Right of Appeal – Scope of right – From "decision" - application to vary order for contribution under Dividing Fences Act – held Tribunal was not functus officio by reason of later Orders of Appeal Panel – appeal allowed – matter remitted for determination Legislation Cited: Civil and Administrative Tribunal Act (NSW) Cases Cited: Minifie v Maxwell [2020] NSWCATAP 30 Texts Cited: None cited Category: Principal judgment Parties: Jeanette Minifie (Appellant) Stuart Maxwell and Jieming Maxwell (Respondents) Representation: Solicitors: N Plumb (Agent) (Appellant) First Respondent (Respondents) File Number(s): AP 20/23390 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 25 May 2020 Before: P Boyce, Senior Member File Number(s): COM 19/04453