George Cross Falcons Community Centre Inc v Wymark Insurance Brokers Pty Ltd [2020] NSWCATAP 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: George Cross Falcons Community Centre Inc v Wymark Insurance Brokers Pty Ltd [2020] NSWCATAP 195 Hearing dates: 10 September 2020 Date of orders: 23 September 2020 Decision date: 23 September 2020 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member D Robertson, Senior Member Decision: (1) Extend the time for lodging the appeal to 25 June 2020. (2) The appeal is allowed. (3) Remit the whole of the case to the Tribunal at first instance for rehearing and determination on the basis of the evidence already presented by the parties to the Tribunal at first instance and such further evidence as may be permitted by the Tribunal. Catchwords: APPEALS-professional negligence claim against insurance broker-decision did not address the elements of the claim-error of law - extension of time in which to bring the appeal. Legislation Cited: Civil and Administrative Tribunal Act (NSW) 2013 Civil and Administrative Tribunal Rules (NSW) 2014 Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088; 197 ALR 389 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 PC Case Gear Pty Ltd v Instrat Insurance Brokers Pty Ltd (in liq) [2020] FCA 137; 379 ALR 732; 142 ACSR 561 Tosich v Tasman Investment Management Ltd [2008] FCA 377; 250 ALR 274. Category: Principal judgment Parties: George Cross Falcons Community Centre Inc (Appellant) Wymark Insurance Brokers Pty Ltd (Respondent) Representation: Solicitors: Appellant (Self Represented) Respondent (Self Represented) File Number(s): AP 20/28186 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: 6 March 2020 Before: D Barnetson, General Member File Number(s): GEN 19/40050