Wu v Fairfield City Council [2023] NSWCATAP 288

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wu v Fairfield City Council [2023] NSWCATAP 288 Hearing dates: 19 May 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Appeal Panel Before: A Britton, Deputy President Dr J Lucy, Senior Member Decision: 1. The appellant is granted leave to appeal from the decision to dispense with a hearing. 2. The appeal from that decision is allowed. 3. The appeal from the decision dismissing the appellant's application is to be dealt with by way of a new hearing. 4. The Tribunal's decision to dismiss the appellant's application is confirmed. 5. The matter is listed for directions at 9.15am on 3 November 2023. Catchwords: APPEALS – PROCEDURAL FAIRNESS – Where Tribunal decided to dispense with a hearing – Whether Tribunal gave appellant an opportunity to be heard about decision to dispense with a hearing APPEALS – JURISDICTION – Whether Tribunal erred in finding that it lacked jurisdiction to determine the appellant's application Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Evidence Act 1995 (NSW) Local Government Act 1993 (NSW) Conveyancing Act 1919 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) Cases Cited: Boensch v Somerville Legal (2021) 18 ABC(NS) 43; [2021] FCAFC 79 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 CLD v Children's Guardian [2017] NSWSC 936 Shrestha v Migration Review Tribunal (2015) 229 FCR 301 Xiao Qing Wu v Fairfield City Council No 2 [2023] NSWCATAD 112 Texts Cited: None Cited Category: Principal judgment Parties: Xiao Qing Wu (Appellant) Fairfield City Council (Respondent) Representation: Counsel: