FLK v Transport for NSW [2023] NSWCATAP 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FLK v Transport for NSW [2023] NSWCATAP 140 Hearing dates: 24 March 2023 Date of orders: 30 May 2023 Decision date: 30 May 2023 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member D Robertson, Senior Member Decision: 1 Pursuant to s64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the name of the appellant is prohibited. 2 Application for leave to appeal refused. 3. Appeal dismissed. Catchwords: ADMINISTRATIVE LAW – Marine Safety Act 1998 (NSW) – Procedural fairness – Where appellant asserted that Tribunal failed to take into account his statement of evidence in respect of which he had not been cross-examined – Whether Tribunal did fail to take evidence into account – Whether denial of procedural fairness or failure to exercise jurisdiction Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW) Marine Safety Act 1998 (NSW) Marine Safety Regulation 2016 (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Corcoran v Far [2019] NSWSC 1284 Day v SAS Trustee Corporation [2021] NSWCA 71 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 FLK v Transport for NSW [2022] NSWCATAD 360 Hamod v State of New South Wales [2011] NSWCA 375 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ros v Commissioner of Police [2020] NSWCATAP 70 Texts Cited: Nil Cited Category: Principal judgment Parties: FLK (Appellant) Transport for NSW (Respondent) Representation: Solicitors: Agent (Appellant) Transport for NSW, Kyle Hudson (Respondent) File Number(s): 2022/00370580 Publication restriction: The disclosure of the name of the appellant is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 360 Date of Decision: 08 November 2022 Before: C Mulvey, Senior Member File Number(s): 2022/00143704