Hockley-Brown v Metford Road Pty Ltd t/as Morpeth Gardens Village [2023] NSWCATAP 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hockley-Brown v Metford Road Pty Ltd t/as Morpeth Gardens Village [2023] NSWCATAP 151 Hearing dates: 14 March 2023 Date of orders: 07 June 2023 Decision date: 07 June 2023 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G K Burton SC, Senior Member Decision: (1) The appeal is allowed and orders 1 and 2 made 16 December 2022 in RC 22/02704 are set aside. (2) Remit RC 22/02704 to the Consumer and Commercial Division for hearing by a differently-constituted Tribunal on such evidence as the parties file and serve in accord with directions and the rules for that hearing. (3) Direct that the parties may rely without re-filing and re-service on documents already filed and served in RC 22/02704 that are clearly identified in a table that is filed and served in accord with directions and the rules for that hearing. (4) Note that primary order 3 made 16 December 2022 and other final orders in RC 22/25646 remain in force and undisturbed by the outcome of this appeal. (5) Confirm the grant of leave to the appellants to rely upon the amended grounds of appeal filed 28 February 2023 and to the extent necessary extend the time for filing such amended grounds to and including date of these orders. (6) Order as follows in respect of costs of the appeal and the primary hearing: (a) Any application in respect of costs is to be filed and served within 14 days after date of these orders, accompanied by any further evidence and submissions in respect of costs. (b) Any further evidence and submissions in response to the documents filed and served under order 6(a) are to be filed and served within a further 14 days. (c) Submissions by each party on an application for costs are not to exceed five pages in length. (d) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. Any party who opposes this course should make submissions on this issue when complying with orders as to that party's submissions on the substantive costs application. If a hearing is not dispensed with, the parties will be advised of a date for the hearing of the application. Catchwords: APPEAL – procedural fairness – requires transcript of proceedings to be assessed – adequacy of reasons – remitter to differently-constituted Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Residential (Land Lease) Communities Act 2013 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Cervantes (2012) 61 MVR 443, [2012] NSWCA 244 Briginshaw v Briginshaw (1938) 60 CLR 336, [1938] HCA 34 Chapman v Nicolosi [No 2] [2023] NSWCATAP 73 Collins v Urban [2014] NSWCATAP 17 Eadie v Harvey [2017] NSWCATAP 201 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Mifsud v Campbell (1991) 21 NSWLR 725 Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Palme (2003) 216 CLR 212 NSW Land and Housing Corp v Orr (2019) 100 NSWLR 578, [2019] NSWCA 231 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 at [62]-[63] Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Rodger v De Gelder (2015) 71 MVR 514, [2015] NSWCA 211 Safe Work NSW v Williams Timber PL and Easy Fall Guttering PL [2021] NSWCCA 233 Soulemezis v Dudley (Holdings) PL (1987) 10 NSWLR 247 (CA) Wainohu v NSW (2011) 243 CLR 181 Texts Cited: None cited Category: Principal judgment Parties: Glenda Hockley-Brown and Dennis Shane Brown (Appellants) Metford Road PL t/as Morpeth Gardens Village (Respondent) Representation: Counsel: L M Johnston (Appellants) T Bland (Respondent)