FLC v NSW Trustee and Guardian [2022] NSWCATAP 385

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FLC v NSW Trustee and Guardian [2022] NSWCATAP 385 Hearing dates: 1 December 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member G Sarginson, Senior Member Decision: (1) The appellant's application to adjourn the hearing of the appeal on 1 December 2022 is dismissed. (2) Leave to appeal is granted. (3) The appeal is allowed. (4) Orders 3 and 4 made by the Tribunal on 22 August 2022 are set aside. (5) The decision made by the respondent to sell the property the subject of the appellant's administrative review application is stayed pending further order by the Tribunal. (6) The proceedings are remitted to the Tribunal for re-determination on the papers and without further oral hearing pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013 (NSW). (7) The appellant is to provide to the Tribunal and the respondent, by person or by post, any written material, by way of evidence and submissions, upon which he seeks to rely on his application for administrative review within 6 weeks of the publication of these reasons for decision. Catchwords: ADMINISTRATIVE LAW---administrative review application in the Tribunal under the Administrative Decisions Review Act 1997 (NSW)---absence of material to be relied upon by the applicant---non-compliance with directions for provision of this material--- proceedings dismissed for want of prosecution. APPEAL---interlocutory decision---discretionary decision-error of principle in not applying principles applicable to dismissal for want of prosecution---option available to have determined the administrative review on the merits at the appointed hearing date---leave to appeal granted---appeal allowed-issues raised about the appellant's health---parties agree application to be redetermined on the papers if appeal allowed---dismissal of appellant's application to adjourn the hearing of the appeal. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Araghi v St George Community Housing [2021] NSWCATAP 154 AHB v NSW Trustee and Guardian [2014] NSWCA 40 Birkett v James [1978] AC 297 Bousgas v H.D. Constructions (Aust) Pty Ltd [2017] NSWCATAP 122 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Cominos v Di Rico [2016] NSWCATAP 5 Hoser v Hartcher [1999] NSWSC 527 House v King (1936) 55 CLR 499 K&J Vision Pty Ltd v Jows Construction Pty Ltd [2019] NSWCATAP 139 Murabito v Commissioner for Fair Trading [2020] NSWCATAP 63 New South Wales v Plaintiff [2012] NSWCA 248 Ritson v Commissioner of Police [2022] NSWCATAP 223. Wilson v Commissioner of Police, New South Wales Police Force [2015] NSWCATAP 248 Texts Cited: Nil Category: Principal judgment Parties: FLC (Appellant)