Stojonoff v Webber [2024] NSWCATAP 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Stojonoff v Webber [2024] NSWCATAP 71 Hearing dates: On the papers Date of orders: 03 May 2024 Decision date: 03 May 2024 Jurisdiction: Appeal Panel Before: G Blake AM SC, Senior Member P Durack SC, Senior Member Decision: (1) On the issue of whether Luke Webber should be joined as a respondent to the appeal: (a) the appellant is to file and serve written submissions limited to one page within 21 days of this decision; (b) the respondent is to file and serve written submissions limited to one page within 42 days of this decision. (2) Order 4 made on 13 February 2024 as corrected on 16 February 2024 is revoked so far as the issue of whether the Tribunal failed to afford procedural fairness to the appellant by reason of the Tribunal member allegedly falling asleep during the hearing. (3) The appeal is to be the listed for a callover on a date fixed by the Registrar for the purpose of fixing a hearing date as soon as practicable after the elapse of 49 days after this decision. (4) The appellant is to serve a copy of the sound recording of the hearing on 7 September 2023 on the respondent within seven days of this decision. (5) On the issue of whether the Tribunal failed to afford procedural fairness to the appellant by reason of the Tribunal member allegedly falling asleep during the hearing: (a) the appellant is to file and serve a statement identifying the evidence relied upon, any further evidence which is to be by signed witness statement, statutory declaration or affidavit, and written submissions limited to three pages within 21 days of this decision; (b) the respondent is to file and serve a statement identifying the evidence relied upon, any further evidence which is to be by signed witness statement, statutory declaration or affidavit, and written submissions limited to three pages within 42 days of this decision; (c) the appellant and the respondent are to give written notice to the other specifying any witness who is required for cross-examination within 49 days of this decision. Catchwords: APPEALS — Appeal on question of law – Scope of question of law APPEALS — Procedural fairness – Whether Tribunal member fell asleep during hearing APPEALS — Revocation of order dispensing with hearing of appeal Legislation Cited: Australian Consumer Law (NSW), ss 60, 61 Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 80, Sch 4, cl 12 Civil and Administrative Tribunal Rules 2014 (NSW), r 25 Fair Trading Act 1987 (NSW), s 79N Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Alexandria Landfill Pty Ltd v Transport for NSW (2020) 103 NSWLR 479; [2020] NSWCA 165 Baas v JB Hi Fi Group Pty Ltd [2021] NSWCATAP 10 Cesan v Director of Public Prosecutions (Cth) [2007] NSWCCA 273; (2007) 230 FLR 185 Cesan v The Queen (2008) 236 CLR 358; [2008] HCA 52 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Commonwealth of Australia v Davis Samuel Pty Ltd (No 4) [2008] ACTSC 112; (2008) 221 FLR 151 Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55 Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 Hope v Bathurst City Council (1980) 144 CLR 1; [1980] HCA 16 Inventbuild Pty Ltd v Tulemis [2024] NSWCATAP 49 Italiano v Carbone & Ors [2005] NSWCA 177 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Rogers v Vinoly [2016] NSWCATAP 2 Steelbond Australia Pty Ltd v Wein [2024] NSWCATAP 20 Texts Cited: NCAT Procedural Direction 3 - Expert Evidence Category: Procedural rulings Parties: Judith Stojonoff (Appellant) Mala Webber (Respondent) Representation: Appellant (self-represented) Respondent (self-represented) File Number(s): 2023/00461437 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Date of Decision: 22 November 2023 Before: A Lynch, General Member File Number(s): 2023/00392132 (previously GEN 23/25193)