Pioneer International Pty Ltd v Banister (No 2) [2021] NSWCATAP 419

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pioneer International Pty Ltd v Banister (No 2) [2021] NSWCATAP 419 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member S Goodman SC, Senior Member Decision: 1. The reasons for decision of 9 November 2021 are set aside. 2. The appeal is allowed. 3. The orders made on 21 May 2021 in matter HB 21/01383 are set aside and the proceedings remitted for rehearing by a differently constituted Tribunal. 4. The remitted proceedings are to be listed for directions as soon as possible. Catchwords: PRACTICE AND PROCEDUREAL – denial of procedural fairness – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – ss 53(4), 80 Cases Cited: Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 Collins v Urban [2014] NSWCATAP 17 Coomber v Butler [2019] NSWCATAP 194 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Italiano v Carbone [2005] NSWCA 177 Michael Wilson & Partners Limited v Nicholls (2011) 282 ALR 685 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Australian Law Reform Commission, Traditional Rights And Freedoms—Encroachments By Commonwealth Laws (ALRC Report 129), 2016 Category: Principal judgment Parties: Appellant: Pioneer International Pty Ltd