AEA Constructions Pty Ltd v New South Wales Civil and Administrative Tribunal and Ors [2014] NSWSC 911

Supreme Court New South Wales

Medium Neutral Citation: AEA Constructions Pty Ltd v New South Wales Civil and Administrative Tribunal and Ors [2014] NSWSC 911 Hearing dates: 24 June 2014 Decision date: 09 July 2014 Jurisdiction: Common Law Before: Price J Decision: 1. Declare that the plaintiff was denied procedural fairness at the hearing before the Tribunal Member on 28 February 2014. 2. The award made by the Tribunal Member on 28 February 2014 in favour of the second and third defendants is set aside. 3. The matter is remitted to the New South Wales Civil and Administrative Tribunal for re-hearing. 4. The second and third defendants are to pay the plaintiff's costs of the appeal. 5. I grant to the second and third defendants an indemnity certificate under the Suitors' Fund Act 1951 in respect of the appeal. Catchwords: Administrative law - declaratory relief - Consumer, Trader and Tenancy Tribunal - failure to comply with directions as to expert's report - application for adjournment refused - failure to consider s 35(a) CTTT Act - declaration of denial of procedural fairness. Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Bloch v Bloch (1981) 180 CLR 390 House v R (1936) 55 CLR 499 Sali v SPC Ltd (1993) 116 ALR 625 Category: Principal judgment Parties: AEA Constructions Pty Ltd (Plaintiff) New South Wales Civil and Administrative Tribunal (First Defendant) Hugh McCoid (Second Defendant) Annette McCoid (Third Defendant) Representation: Mr T. Bors (Plaintiff) Mr A. Hatsatouris (Plaintiff) Mr J. Rafferty (Second and Third Defendants) File Number(s): 2014/83528-1