My Energy Group Pty Ltd v Doan [2021] NSWCATAP 265

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: My Energy Group Pty Ltd v Doan [2021] NSWCATAP 265 Hearing dates: 31 August 2021 Date of orders: 10 September 2021 Decision date: 10 September 2021 Jurisdiction: Appeal Panel Before: Cowdroy ADCJ AO QC, Principal Member D Goldstein, Senior Member Decision: (1) The proceedings be adjourned part heard for further hearing on a date to be fixed by the Registrar; (2) The appellant is to order the sound recording and to provide a transcript of the recording before the appeal is to be relisted for hearing; (3) The Registrar is to notify the parties that unless the appellant indicates by 1 November 2021 that he is ready to proceed with the appeal, and that the sound recording and transcript have been made available, the respondent may apply for dismissal of the appeal. (4) The Registrar is to note a request of the respondent that the appeal be set down on a date suitable to him due to his work commitments and that the respondent will inform the Registrar of dates which are unsuitable to him during November 2021. Catchwords: APPEAL - – procedure – directions requiring production of audio recording – audio recording and transcript not available for hearing – inability of appeal to be heard in the absence of reasons – appellant unable to access audio due to Covid limitations – hearing adjourned subject to conditions until audio recording is available. Legislation Cited: Civil and Administrative Tribunal Act 2013 Cases Cited: Al Bisher v Sabbagh [2021] NSWCATAP 100 Collins v Urban [2014) NSWCATAP 17 Whear v Kids on Hayes Street Pty Ltd [2021] NSWCATAP 123 Texts Cited: None cited Category: Principal judgment Parties: My Energy Group Pty Ltd (Appellant) Huy Doan (Respondent) Representation: A Li (Authorised Officer) (Appellant) Respondent (Self Represented) File Number(s): 2021/00153527 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Citation: N/A Date of Decision: 29 April 2021 Before: M Eftimiou, General Member File Number(s): HB 21/12490