Arnold v Crawford [2024] NSWCATAP 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Arnold v Crawford [2024] NSWCATAP 62 Hearing dates: 6 February 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Appeal Panel Before: S Thode, Principal Member R Seiden SC, Principal Member Decision: (1) Time to file the Notice of Appeal extended to 9 October 2023. (2) Leave to appeal granted. (3) Appeal allowed. (4) Order (1)(f) made 12 September 2023 is set aside and in lieu, the appellants and respondent are to pay for the costs of the fencing work in equal proportions up to a cap of $34,645.00. (5) Order (1)(h) made 12 September 2023 is set aside and in lieu, the respondent is to the pay the appellants her portion of the costs of the fencing work, being $17,322.50 within (7) days of the appellants giving the respondent a copy of the receipt for payment of the costs of the fencing work to the contractor or the delivery of these reasons, whichever is the later. Catchwords: APPEALS — Dividing fences — Extension of time – Appeal by leave under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) — Breach of procedural fairness — Whether there is significant new evidence for the purposes of clause 12, Schedule 4 of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 FLK v Transport for NSW [2023] NSWCATAP 140 Gallo v Dawson (1990) 93 ALR 479; [1990] HCA 30 Haritos v Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Jackson v Land and Housing Corporation (NSW) [2014] NSWCATAP 22 Kelly v Szatow [2020] NSWSC 407 Kudrynski v Orange City Council [2024] NSWCA 33 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Texts Cited: Nil Category: Principal judgment Parties: Samuel Arnold (First Appellant) Kathryn Arnold (Second Appellant) Janette Crawford (Respondent) Representation: Appellants (Self-Represented) A Crawford (Agent) (Respondent) File Number(s): 2023/00319406 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Consumer and Commercial Division Citation: Arnold v Crawford [2023] NSWCATCD Date of Decision: 12 September 2023 amended 15 September 2023 Before: G Bassett, General Member File Number(s): 2023/00400059 (Formally COM 23/17608)