Mitchell v Wood [2020] NSWCATAP 269

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mitchell v Wood [2020] NSWCATAP 269 Hearing dates: On the papers Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member P Molony, Senior Member Decision: Appeal dismissed Catchwords: CIVIL PROCEDURE — hearing — ex parte — procedural fairness — appellant aware of hearing date but attended medical appointment instead – Tribunal complied with statutory duties – no procedural unfairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Sch 4, cl 12(1) Civil and Administrative Tribunal Rules 2014 (NSW), r 35 Residential Tenancies Act 2010 (NSW), s 175 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Souleles v Todd [2016] NSWCA 91 Stead v State Government Insurance Commission [1986] HCA 54; [1986] 161 CLR 141 Texts Cited: Nil Category: Principal judgment Parties: Blake Neville Mitchell (Appellant) Katrina Wood (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): AP 20/34587 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 10 August 2020 Before: S Fenwick, General Member File Number(s): RT 20/13864