Morris v Webb [2022] NSWCATAP 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Morris v Webb [2022] NSWCATAP 54 Hearing dates: 15 February 2022 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Appeal Panel Before: G Curtin SC, Senior Member J Currie, Senior Member Decision: 1. Appeal upheld. 2. The order of the Tribunal made on 4 November 2021 is set aside. 3. The matter is remitted to the Tribunal, differently constituted, to be determined according to law. Catchwords: ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal — procedural fairness — failure to give reasons — adequacy of reasons – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 38(2) Cases Cited: Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216 Cominos v Di Rico [2016] NSWCATAP 5 Gautam v Health Care Complaints Commission [2021] NSWCA 85 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Texts Cited: Nil Category: Principal judgment Parties: Christopher Morris (Appellant) Andrew Webb (Respondent) Representation: Appellant (Self-Represented) Respondent (Self-Represented) File Number(s): 2021/00339214 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: 4 November 2021 Before: F Holles, General Member File Number(s): HB 21/33400