Transwest Fuels Pty Ltd v Knee [2021] NSWCATAP 330

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Transwest Fuels Pty Ltd v Knee [2021] NSWCATAP 330 Hearing dates: 12 October 2021 Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member G Curtin SC, Senior Member Decision: The appeal is dismissed. Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal - hearing rule — notice — time to prepare case – time to prepare case not given by failure to serve evidence on opponent prior to hearing – no procedural unfairness in refusing to admit evidence not served in advance of the hearing Legislation Cited: Australian Consumer Law (NSW), ss 55, 61 Civil and Administrative Tribunal Act 2013 (NSW), s 36(3), Sch 4 cl 12(1)(c) Competition and Consumer Act 2010 (Cth), Sch 2 Fair Trading Act 1987 (NSW), Pt 3 Div 2, Pt 6A Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61 EFQ (a pseudonym) v Medical Council of New South Wales [2021] NSWCA 167 House v The King (1936) 55 CLR 499; [1936] HCA 40 Texts Cited: NCAT Guideline 1: Internal Appeals, March 2016 Category: Principal judgment Parties: Transwest Fuels Pty Ltd (Appellant) Christine Knee (Respondent) Representation: B Clifton (Director) (Appellant) Respondent (Self Represented) File Number(s): 2021/00209306 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not applicable Date of Decision: 16 July 2021 Before: H Smith, General Member File Number(s): GEN 21/12971