Cumming v Deadman [2022] NSWCATAP 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cumming v Deadman [2022] NSWCATAP 43 Hearing dates: 8 February 2022 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Currie, Senior Member Decision: 1. Appeal allowed. 2. Set aside the Tribunal's orders of 18 October 2021, and in lieu thereof re-instate the Tribunal's orders of 28 September 2021. 3. Remit the respondent's application of 12 October 2021 to vary the orders of 28 September 2021 to the Tribunal as originally constituted to be determined according to law. 4. Extend the stay granted by the Appeal Panel on 25 November 2021, pending further order or finalisation of the respondent's application of 12 October 2021, whichever first occurs Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – application for amendment of orders pursuant to s 63 of Civil and Administrative Tribunal Act 2013 – procedural fairness – obligation to afford opposing party the opportunity to be heard – practical injustice – possibility of a different outcome had procedural unfairness not occurred Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38(2), 38(5), 63 Cases Cited: Makowska v St George Community Housing Ltd [2021] NSWCATAP 198 Makowska v St George Community Housing Ltd [2022] NSWCA 5 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Shi v ABI-K Pty Ltd [2014] NSWCA 293 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Texts Cited: Halsbury's Laws of Australia, online edition Category: Principal judgment Parties: Lyn Cumming (First Appellant) Ric Cumming (Second Appellant) Trevor George Deadman (Respondent) Representation: Second Appellant in person and on behalf of the First Appellant Respondent in person File Number(s): 2021/00334093 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 18 October 2021 Before: A Nightingale, General Member File Number(s): COM 21/10171