Betlem v JHA Australia Group Pty Ltd [2023] NSWCATAP 196

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Betlem v JHA Australia Group Pty Ltd [2023] NSWCATAP 196 Hearing dates: 16 March 2023 Date of orders: 19 July 2023 Decision date: 19 July 2023 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member M Gracie, Senior Member Decision: 1. Extend the time for the lodging of the Notice Appeal to 16 March 2023. 2. Allow the appeal. 3. The orders made in GEN 22/26446 on 26 September 2022 are set aside. 4. Remit proceedings GEN 22/26446 to the Consumer and Commercial Division for hearing by a differently constituted Tribunal on such evidence as the parties may lodge and serve in accordance these reasons and any further directions made by the Tribunal for that hearing. 5. No order as to costs. Catchwords: APPEAL — NCAT— appeal from decision of Consumer and Commercial Division of NCAT – absence of expert evidence - questions of law – whether Tribunal's reasons were adequate – whether denial of procedural fairness – whether constructive failure to exercise jurisdiction – remittal of whole of the proceedings. Legislation Cited: Australian Consumer Law (NSW), s 29 Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 41, 46, 62, 80, 81, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Disability Discrimination Act 1992 (Cth) Evidence Act 1995 (NSW), s 50 Cases Cited: Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Chapman v Nicolosi (No 2) [2023] NSWCATAP 73 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Croghan v Rees [2021] NSWCATAP 328 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 DVE18 v Minister for Home Affairs (2020) 276 FCR 401; [2020] FCAFC 83 Gambaro v Mobycom Mobile Pty Ltd (2019) 271 FCR 530; [2019] FCAFC 144 Goncalves v Bora Developments Pty Ltd [2021] NSWCATAP 231 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Meacham v Commissioner of Police [2020] NSWCATAP 107 NSW Land and Housing Commission v Orr [2019] NSWCA 231 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Ryan v BKB Motor Vehicle Repairs Pty Ltd [2017] NSWCATAP 39 Safe Work NSW v Williams Timber PL and Easy Fall Guttering PL [2021] NSWCCA 233 Thomas and Naaz Pty Ltd (ACN 101 491 703) v Chief Commissioner of State Revenue [2022] NSWCATAP 220 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 TNT Building Trades Pty Ltd v Baker [2023] NSWCATAP 178 Texts Cited: NCAT Consumer and Commercial Division Guideline, Representation NCAT Policy 2, Publishing Reasons for Decisions Category: Principal judgment Parties: Jacs Betlam (Appellant) JHA Australia Group Pty Ltd (Respondent) Representation: (Appellant) (self-represented) P Condie (Agent) (Respondent) File Number(s): 2023/00023673 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 26 September 2022 Before: S Hausfeld, General Member File Number(s): GEN 22/26446