Louridas v Askander [2021] NSWCATAP 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Louridas v Askander [2021] NSWCATAP 261 Hearing dates: 30 August 2021 Date of orders: 03 September 2021 Decision date: 03 September 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Fairlie, Senior Member Decision: The appeal is dismissed Catchwords: CIVIL PROCEDURE – hearings – procedural fairness – appellants unable to listen to the hearing – whether this amounted to a failure to give informed consent to consent orders ENVIRONMENT AND PLANNING — fences and boundaries — dividing fence – no prior notice served pursuant to s 11 of the Dividing Fences Act – leave granted to subsequently serve notice – discretionary decision – no error demonstrated Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 63, 80 Dividing Fences Act 1991 (NSW) – ss 14(1)(a), (b) and (e) Cases Cited: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 Atkinson v Crowley [2011] NSWCA 194 E. Rotheray & Sons Ltd v Carlo Bedarida & Co. [1961] 1 Lloyd's Rep 220 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 Jones v Dempsey [2015] NSWCATAP 28 Loch v New South Wales Land and Housing Corporation [2014] NSWCATAP 110 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Sylvaney v Carolan [2016] NSWCATAP 36 Category: Principal judgment Parties: Appellant: Louis Ilias Louridas and Ourania Louridas Respondent: Adel Fawzy Askander and Samiremeis Askander Representation: Appellants: L Louridas Respondents: S Askander File Number(s): 2021/00184951 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: [2021] NSWCATCD Date of Decision: 22 June 2021 Before: M Eftimou, Member File Number(s): COM 21/05326