Boreland v Brewis [2024] NSWCATAP 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boreland v Brewis [2024] NSWCATAP 140 Hearing dates: 18 April 2024 Date of orders: 23 July 2024 Decision date: 23 July 2024 Jurisdiction: Appeal Panel Before: Armstrong J, President G Sarginson, Senior Member Decision: (1) The appeal is allowed. (2) The decision of the Tribunal made on 7 December 2023 is quashed. (3) The application made on 6 December 2022 is to be reconsidered by the Tribunal, differently constituted. (4) What further or other evidence can be relied upon by the parties is to be determined by the Tribunal at an interlocutory directions hearing. Catchwords: APPEALS — dividing fence — conduct of hearing — procedural unfairness established — realistic possibility of a different outcome — appeal allowed PROCEDURAL FAIRNESS — content of obligation to afford parties procedural fairness — failure of Tribunal to give parties a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings as required by Civil and Administrative Tribunal Act 2013 (NSW), s 38(5)(c) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Dividing Fences Act 1994 (NSW) Cases Cited: Champerslife Pty Ltd v Manojlovski & Anor (2010) 75 NSWLR 245; [2010] NSWCA 33 Cominos v Di Rico [2016] NSWCATAP 5 Ferella & Anor v Chief Commissioner of State Revenue [2014] NSWCA 378 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Italiano v Carbone & Ors [2005] NSWCA 177 Kudrynski v Orange City Council [2024] NSWCA 33 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Nathanson v Minister for Home Affairs (2022) 276 CLR 80; [2022] HCA 26 Orr v Cobar Management Pty Limited (2020) 103 NSWLR 36; [2020] NSWCCA 220 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128; [2016] NSWCA 88 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; [2010] HCA 23 Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2017] NSWCA 223 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Stevanovski v CLK Plumbing Pty Ltd [2017] NSWCATAP 180 Stokes v Toyne [2023] NSWCA 59 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Tomlinson v Ramsay Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 YHY v YHZ [2024] NSWCATAP 117 Texts Cited: None cited Category: Principal judgment Parties: John Boreland (Appellant) William Ashley Brewis (First Respondent) Sarah Woodhouse (Second Respondent) Representation: Appellant (self-represented) Solicitors: BDN Lawyers (Respondents) File Number(s): 2024/00008579 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not Applicable Date of Decision: 7 December 2023 Before: P Boyce, Senior Member File Number(s): 2022/00396048