Fastway Plumbing Pty Ltd v Castle [2021] NSWCATAP 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fastway Plumbing Pty Ltd v Castle [2021] NSWCATAP 82 Hearing dates: 19 January 2021 Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member A Boxall, Senior Member Decision: 1. The appeal is allowed. 2. The decision of the Tribunal in proceedings HB 20/14128, on 16 September 2021, is set aside; 3. The matter is remitted to the Tribunal, differently constituted, to be determined according to law. We will not limit the lodgement of new evidence which might be relied upon; 4. There is no order as to costs. Catchwords: APPEAL – adequacy of reasons – whether the Tribunal engaged with the cases of each party Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Corporations Act 2001 (Cth), s 161 Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Texts Cited: Nil Category: Principal judgment Parties: Fastway Plumbing Pty Ltd (Appellant) Sonya Cerny Castle (First Respondent) Peter Lindsay Castle (Second Respondent) Representation: Song Nguyen (representative of the Appellant) First Respondent (Self Represented) Second Respondent (Self Represented) File Number(s): 2020/00371070 (AP 20/41555) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 16 September 2020 Before: P Smith File Number(s): HB 20/14128