Zhang v Barry [2023] NSWCATAP 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zhang v Barry [2023] NSWCATAP 225 Hearing dates: 2 August 2023 Date of orders: 14 August 2023 Decision date: 14 August 2023 Jurisdiction: Appeal Panel Before: P Durack, Senior Member D Ziegler, Senior Member Decision: 1. Time to lodge the appeal is extended to 5 June 2023. 2. The appeal is allowed. 3. Orders 1 and 2 made on 4 May 2023 in RT 23/04888 are set aside. 4. The matter is remitted to the Consumer and Commercial Division of the Tribunal for redetermination, with leave for the parties to adduce such evidence as the Tribunal thinks fit. Catchwords: APPEAL – Whether appellant notified of the hearing – whether a denial of procedural fairness – whether rehearing should be ordered – whether to extend time for lodgement of the appeal. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Electronic Transactions Act 2000 Residential Tenancies Act 2010 Cases Cited: Italiano v Carbone [2005] NSWCA 177 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Stead v State Government Insurance Commission (1986) 161 CLR 141 Sullivan v Department of Transport [1978] FCA 48; (1978) 20 ALR 323 at 343) Category: Principal judgment Parties: XiaoLi Zhang (Appellant) Malcolm Barry (First Respondent) Natasha Byers (Second Respondent) Representation: J Zhao (Agent) (Appellant) First Respondent (Self-represented) Second Respondent (Self-represented) File Number(s): 2023/00179292 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and commercial division Citation: nil Date of Decision: 04 May 2023 Before: K George, General Member File Number(s): RT 23/04888