DeMarco v Macey [2022] NSWSC 1348

Supreme Court New South Wales

Medium Neutral Citation: DeMarco v Macey [2022] NSWSC 1348 Hearing dates: 24 June 2022 Date of orders: 5 October 2022 Decision date: 05 October 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave to extend the time to file the summons up to and including 27 October 2021 is granted. (2) Leave is granted to appeal. (3) The decision of the Appeal Panel dated 28 September 2021 is set aside. (4) The matter is remitted to a differently constituted Appeal Panel according to law. (5) The defendants are to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – Judicial Review of NCAT decision –Self-Represented Litigants – Denial procedural fairness – Actual or Apprehended bias – Matter remitted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) s 83(1) Cases Cited: Antonio Di Liristi v NSW Public Trustee and Anor [2021] NSWSC 1347 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Choi v Secretary, Department of Justice and Communities [2022] NSWCA 172 Collier v Country Women's Association of New South Wales [2018] NSWCA 36 Collins v Urban [2014] NSWCATAP 17 Concrete Pty Limited v Parramatta Design & Developments Pty Ltd [2006] HCA 55; 229 CLR 577 Downey v Acting District Court Judge Boulton (No 5) [2010] NSWCA 240 Galea v Galea (1990) 19 NSWLR 263 Isbester v Knox City Council [2015] HCA 20: 255 CLR 135 Metwally v University of Wollongong [1985] HCA 28; 60 ALR 68 Polsen v Harrison [2021] NSWCA 23 R v Watson; Ex parte Armstrong [1976] HCA 39; 136 CLR 248 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 VFAB v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 872; 131 FCR 102 Wootten v Godfrey [2019] NSWCATAP 255 Category: Procedural rulings Parties: Godfrey DeMarco (Plaintiff) David Macey (First Defendant) Debbie Macey (Second Defendant) Representation: Counsel: C Lambert (Plaintiff) C Mobellan (First and Second Defendants) Solicitors: Self-represented (Plaintiff) Comino Prassas (First and Second Defendants) File Number(s): 2021/304835 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Appeal Panel Citation: [2021] NSWCATAP 291 Date of Decision: 28 September 2021 Before: T Simon, Principal Member G K Burton SC, Senior Member File Number(s): AP 20/33463 (2020/370959)