Phibbs v Giannone [2021] NSWCATAP 223

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Phibbs v Giannone [2021] NSWCATAP 223 Hearing dates: 13 July 2021 Date of orders: 22 July 2021 Decision date: 22 July 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member A Boxall, Senior Member Decision: The Appeal Panel orders that leave to bring the appeal be refused and that the appeal be dismissed. Catchwords: APPEALS — appellant failed to attend Tribunal hearing — procedural fairness provided to parties — no unfairness to appellant — leave to bring appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Al-Mehdawi v Secretary of State for the Home Department [1990] 1 AC 876 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28; [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499; [1936] HCA 40 Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86; [2013] NSWCA 180 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Texts Cited: Nil Category: Principal judgment Parties: Paul Phibbs (Appellant) Christopher Giannone (Respondent) Representation: Solicitors: Appellant (self-represented) Respondent (self-represented) File Number(s): 2021/00123571 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 26 April 2021 Before: J Lennard, General Member File Number(s): GEN 21/12857