Aboriginal Housing Office v Harrison [2021] NSWCATAP 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 Hearing dates: 17 March 2021 Date of orders: 21 April 2021 Decision date: 21 April 2021 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President K Rosser, Principal Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing is dispensed with in respect of the application to amend the name of the appellant and the application to extend time to lodge the appeal. (2) The name of the appellant is amended to the Aboriginal Housing Office. (3) Time to file the appeal is extended to 30 October 2020. (4) The appeal is dismissed. Catchwords: ORDERS – Consent order following settlement discussions facilitated by Tribunal – Misstatement of law by Tribunal during discussions to identify issues – liability of orders to be set aside by reason of misstatement – bases of challenge – prejudgment bias – denial of procedural fairness – challenge to underlying settlement agreement PRACTICE AND PROCEDURE – Settlement of proceedings – making of consent orders at oral hearing – whether s 59 of the Civil and Administrative Tribunal Act 2013 requires consent given at an oral hearing to be in writing, signed by the parties. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Regulation, 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Interpretation Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Cases Cited: Atkinson v Crowley [2011] NSWCA 194 Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Gas & Fuel Corporation of Victoria v Wood Hall Ltd & Leonard Pipeline Contractors Ltd [1978] VR 385 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Italiano v Carbone & Ors [2005] NSWCA 177 Kelly v NSW Land and Housing Corporation (Appeal Panel- unreported) 4 December 2020 London Export Corp Ltd v Jubilee Coffee Roasting Co Ltd [1958] 1 WLR 271; [1958] 1 All ER 494 Owners of "Shin Kobe Maru" v Empire Shipping Company Inc [1994] HCA 54; (1994) 181 CLR 404 Petropoulos v CPD Holdings Pty Ltd [2019] NSWCATAP 53 Spanos v Lazarus [2008] NSWCA 74 Sylvaney v Carolan [2016] NSWCATAP 36 Texts Cited: Judicial Review of Administrative Action, Aronson and Groves, 5th Edition, Lawbook Co 2013 Category: Principal judgment Parties: Aboriginal Housing Office (Appellant) Blake Charles Harrison (Respondent) Representation: Solicitors: R Fester, Department of Communities and Justice (Appellant) Respondent (Self-Represented) File Number(s): 2020/00371131 (AP 20/45625) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 15 October 2020 Before: A Halstead, General Member File Number(s): SH 20/34558