Shandil v Tahany Pty Ltd [2024] NSWCATAP 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shandil v Tahany Pty Ltd [2024] NSWCATAP 82 Hearing dates: 29 April 2024 Date of orders: 14 May 2024 Decision date: 14 May 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Blake AM SC, Senior Member Decision: (1) The time for the appellant to lodge the notice of appeal is extended to 4 March 2024. (2) Leave to appeal is refused. (3) The appeal is otherwise allowed. (4) Order 1 made on 7 February 2024 is set aside on condition that if the Consumer and Commercial Division decides that the proceedings are not to be permanently stayed then this order is to be forthwith reinstated. (5) The proceedings are remitted to the Consumer and Commercial Division for consideration of the question of whether they should be permanently stayed by the operation of the principles of Anshun estoppel and the doctrine of abuse of process arising from the failure of the respondent to have raised its claim in proceedings RT 23/23777 as required by order 2 made on 19 June 2023 in those proceedings on the basis of such further evidence as the parties may adduce. Catchwords: APPEALS — Appeal on question of law – Scope of question of law APPEALS — Leave to appeal — Principles governing - Leave to appeal refused APPEALS — Procedural fairness – Whether the Tribunal failed to ensure the representative of the respondent did not, because of a lack of legal skill, fail to claim rights or put forward arguments – Failure to afford procedural fairness established APPEALS — Procedure — Time limits — Extension of time – application granted CIVIL PROCEDURE — Self-represented litigant — Duty of Tribunal to assist — Extent of Tribunal's obligations Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 41, 45, 58, 80, 81 Civil and Administrative Tribunal Rules 2014, r 25 Civil Procedure Act 2005 (NSW), s 56 Federal Court of Australia Act 1976 (Cth), s 37M Residential Tenancies Act 2010 (NSW), ss 98, 166, 175, 187 Cases Cited: Al-Daouk v Mr Pine Pty Ltd t/as Furnco Bankstown [2015] NSWCATAP 111 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 EFQ (a pseudonym) v Medical Council of New South Wales [2021] NSWCA 167 Flightdeck Geelong Pty Ltd v All Options Pty Ltd (2020) 280 FCR 479; [2020] FCAFC 138 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Jeray v Blue Mountains City Council [2024] NSWCATAP 66 Shivanbodhiselvan v Norwest Gateway Pty Ltd [2022] NSWCATAP 27 Stokes v Toyne [2023] NSWCA 59 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Texts Cited: None Cited Category: Principal judgment Parties: Mayank Shandil (Appellant) Tahany Pty Ltd (Respondent) Representation: Appellant (self-represented) G Katsikas (Agent) (Respondent) File Number(s): 2024/00082976 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 7 February 2024 Before: J Levingston, General Member File Number(s): 2023/00389302 (previously RT 23/29146)