Ferella v Chief Commissioner of State Revenue [2020] NSWCATAD 327

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ferella v Chief Commissioner of State Revenue [2020] NSWCATAD 327 Hearing dates: On the papers Date of orders: 24 December 2020 Decision date: 24 December 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Goodman SC, Senior Member Decision: (1) The application to set aside or vary Tribunal decision filed by the applicants and dated 19 May 2020 is dismissed. (2) The application in respect of the 2019 land tax year is to be listed for directions at the earliest opportunity. Catchwords: PRACTICE AND PROCEDURE – application to set aside decision – whether decision made in absence of party – whether absence resulted in party's case not being adequately before the Tribunal – discretion Legislation Cited: Civil and Administrative Act 2013 Civil and Administrative Tribunal Regulation 2013 Taxation Administration Act 1996 Cases Cited: AHB Trustees and Guardians [2014] NSWCA 40 Chief Commissioner of State Revenue v Paspaley [2008] NSWCA 187 Coomber v Moree Plains Shire Council (No 2) [2019] NSWCATAD 227 Ferella v Chief Commissioner of State Revenue [2020] NSWCATAD 128 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Homeark Constructions v Hillside Excavations [2014] NSWCATAP 77 McErlane v Kelly [2015] NSWCATAP 93 Texts Cited: None cited Category: Consequential orders Parties: G & N Ferella (Applicants) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: O Berkmann (Applicants) E Graham (Respondent)