Stewart v Scott [2023] NSWCATAP 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stewart v Scott [2023] NSWCATAP 279 Hearing dates: 13 June 2023 Date of orders: 17 October 2023 Decision date: 17 October 2023 Jurisdiction: Appeal Panel Before: D Robertson, Senior Member J S Currie, Senior Member Decision: 1. Appeal upheld 2. Order 1 made by the Tribunal on 3 February 2023 in proceedings HB 22/01038 is set aside, together with any orders in relation to costs made by the Tribunal consequent upon the dismissal of the appellants' renewal application. 3. The proceedings are remitted to the Consumer and Commercial Division of the Tribunal for determination consistent with these reasons. 4. The questions whether further evidence should be permitted and whether a further hearing will be required are left for determination by the Consumer and Commercial Division. 5. There will be no order in relation to the costs of the appeal. Catchwords: ADMINISTRATIVE LAW – Particular administrative bodies – NSW Civil and Administrative Tribunal – Renewal of proceedings in the Consumer and Commercial Division – Civil and Administrative Tribunal Act 2013 (NSW) Schedule 4 clause 8 – Restriction on renewal application if the order not complied with "is or has been the subject of an internal appeal" – Restriction does not apply where order not varied on internal appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Sch 4 cl 8(5) Civil and Administrative Tribunal Amendment Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014, (NSW) Consumer Trader and Tenancy Tribunal Act 2001 (NSW) Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) Strata Schemes Management Act 2015 (NSW) Cases Cited: Blessed Sydney Constructions Pty Ltd v Vasudevan [2018] NSWCATAP 98 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Johnson v Dibbin; Gatsby v Gatsby [2018] NSWCATAP 45 Mehr v Lau [2022] NSWCATAP 15 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Scott v Stewart [2021] NSWCATAP 326 The Owners – Strata Plan No 63731 v The Bunker Pty Ltd [2021] NSWCATAP 119 Texts Cited: None Cited Category: Principal judgment Parties: Debra Stewart and Peter Meywes (Appellants) Mark Owen Archibald Scott (Respondent) Representation: Counsel: M Klooster (Appellants)