Body Sculpting Clinics (Bondi Junction) Pty Ltd v Kokkinis [2021] NSWCATAP 362

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Body Sculpting Clinics (Bondi Junction) Pty Ltd v Kokkinis [2021] NSWCATAP 362 Hearing dates: 14 October 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member A Lo Surdo SC, Senior Member Decision: 1. Appeal upheld. 2. Order 1 made by the Tribunal on 12 July 2021 is set aside. 3. The matter is remitted to the Tribunal, differently constituted, to be determined in accordance with these reasons. 4. The appellant is to lodge with the Tribunal and serve on the respondent a transcript of the whole of the hearing at first instance (being 10 August 2020 and 13 January 2021) within 28 days of the date of these orders unless that time is extended by the Tribunal. Catchwords: ADMINISTRATIVE LAW — hearing rule – right to cross-examine witnesses - failure to inform of and provide a party the opportunity to cross-examine – reliance on absence of cross-examination in arriving at decision - breach of procedural fairness – touchstone of fairness - practical injustice resulting from breach of obligation to provide procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36(4) Residential Tenancies Act 2010 (NSW), ss 44(1)(b), 50, 60, 187(1)(d), 187(4)(a), 190(1) Residential Tenancies Regulation 2019 (NSW), rr 39(9), 40 Cases Cited: Cheung v Yang [2013] NSWSC 1694 Flightdeck Geelong Pty Ltd v All Options Pty Ltd [2020] FCAFC 138 Gallo v Duflou [2014] NSWCATAP 115 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Jannis v Ant-Hassa Pty Ltd [2020] NSWCATAP 99 Renda v Wu [2016] NSWCATAP 238 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141 Wilson v AR Browning Nominees Pty Ltd t/as Ad-Built; AR Browning Nominees Pty Ltd t/as Ad-Built v Wilson [2015] NSWCATAP 238 York v Ken Ross Repairs Mudgee Pty Ltd [2020] NSWCATAP 93 Texts Cited: Nil Category: Principal judgment Parties: Body Sculpting Clinics (Bondi Junction) Pty Ltd (Appellant) Marie Kokkinis (Respondent) Representation: Ben Gialouris (Director of the Appellant) Respondent in person File Number(s): 2021/00214296 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 12 July 2021 Before: S Bliim, General Member File Number(s): GEN 20/15629